Workers' Compensation

Recent Posts

United States: Subrogation Interest of Employer/Carrier Does Not Prevent Removal to Federal Court
Posted on 6 Nov 2019 by Thomas A. Robinson

Acknowledging that an action that arises under the workers’ compensation laws of a state is a “nonremovable action” under 28 U.S.C.S. § 1445(c), a U.S. District Court in California recently held that the fact that a California employer... Read More

Pennsylvania: Comp Carrier May Not Maintain Civil Action Against Third-Party Without Assignment from Injured Worker
Posted on 28 Nov 2018 by Thomas A. Robinson

A divided Supreme Court of Pennsylvania, reiterating the holding in one of its earlier decisions, held that a workers’ compensation carrier may not maintain a third-party civil action against an alleged tortfeasor unless the injured employee has... Read More

Alaska: Settlement of Third-Party Action for Auto Insurance Policy Limits Without Employer’s Approval Results in Dismissal of Workers’ Compensation Claim
Posted on 4 Oct 2018 by Thomas A. Robinson

Where a taxi driver sustained work-related injuries in a vehicular accident and subsequently settled his third-party tort action against the other driver’s estate for the policy limits of that driver’s auto insurance policy without obtaining... Read More

United States: Worker Who Settles Third-Party Tort Suit Without Notice to Employer Forfeits Right to Benefits Under Longshore Act
Posted on 21 Sep 2018 by Thomas A. Robinson

Where an injured worker filed a claim for benefits with the Office of Workers’ Compensation Programs for total/permanent disability benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) and, without notice to the employer, settled... Read More

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit
Posted on 3 Apr 2015 by Larson's Spotlight

Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s... Read More

North Carolina: UIM Carrier Has Standing to Seek Determination of Subrogation Lien
Posted on 11 Aug 2016 by Thomas A. Robinson

Where the employer and its servicing agent paid $528,665.61 in workers’ compensation benefits to an injured employee and the employee was awarded a substantially smaller sum, $285,000.00, in his third party suit against the driver of another vehicle... Read More