Despite the right of the workers’ compensation insurance carrier to “assert the employee’s cause of action in tort” under some circumstances [see OCGA § 34-9-11.1), the Georgia carrier owes no fiduciary duty to protect the interests...
Where the a deceased worker’s estate initially received $35,798.04 from the employer’s workers’ compensation insurer and then recovered $25,000 from a third-party motor vehicle operator—the liability limits of the third-party’s auto...
Stressing that allowing a workers’ compensation insurer to intervene in a third-party civil action filed by an injured worker against the purported tortfeasor would not cause delay and would not necessarily cause confusion among potential jurors should the case...
In a deeply divided decision, the Supreme Court of Colorado reversed, in pertinent part, a decision by a divided division of the state’s Court of Appeals and held that a workers’ compensation carrier’s settlement with a third-party tortfeasor for all past medical...
Under section 5(b) of the Illinois Workers’ Compensation Act [820 ILCS 305/5(b)], an employer or insurer who intervenes in a civil action filed by the injured employee against a third-party is only allowed to play a limited role in such litigation, held a...
In a divided decision, the Supreme Court of North Carolina held an employer and its carrier could not be reimbursement for the outlay of workers' compensation benefits paid to an insured worker where South Carolina motor vehicle law prohibited such reimbursement...
Construing Oklahoma law, a federal district court ruled that 85A Okla. Stat. § 43, the subrogation provision within Oklahoma’s workers’ compensation law, does not violate Article 23, Section 7 of the state’s Constitution. The federal court acknowledged that language...
A North Carolina appellate court held that the state’s Industrial Commission correctly concluded that an employer and its insurer could, pursuant to N.C. Gen. Stat. § 97-10.2(f) (2017), assert a subrogation lien for workers' compensation benefits paid to a...
A Tennessee employer’s subrogation lien does not include expenses related to nurse case management, held a Tennessee appellate court. Observing that the management services tended to benefit the employer, not the employee, the Court was also unconvinced by the...
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 either assigned...
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...
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 a third...
In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently injured...
In Texas, as in most other states, an employer and/or workers’ compensation insurance carrier enjoy strong subrogation rights that allow recovery of the workers’ compensation outlay against third parties that may be responsible for all or part of the worker’s injury...
In Pennsylvania, as in most states, an employer or carrier who has paid out workers’ compensation benefits enjoys a strong statutory subrogation right in any third-party recovery that the injured worker may enjoy. The Supreme Court of Pennsylvania held that the...