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Alaska: Settlement of Third-Party Action for Auto Insurance Policy Limits Without Employer’s Approval Results in Dismissal of Workers’ Compensation Claim

October 04, 2018 (1 min read)

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 written approval from the employer, it was appropriate for the Workers’ Compensation Board to dismiss the driver’s workers' compensation claim under Alaska Stat. § 23.30.015(h). The Court also was not persuaded by the driver’s argument that the employer had not been prejudiced.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Atkins v. Inlet Transp. & Taxi Serv., 2018 Alas. LEXIS 144 (Sept. 21, 2018)

See generally Larson’s Workers’ Compensation Law, § 116.07.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law