A decision by a Massachusetts Probate and Family Court judge that allocated $50,000 of an injured worker's remaining workers' compensation settlement proceeds to his wife under the terms of a divorce and marital settlement was appropriate, held a state...
In a deeply divided (5-4) decision, a Mississippi appellate court held that a deceased employee’s workers’ compensation death benefits could be subject to a lien for unpaid child support in spite of the fact that, prior to the employee’s death, the children had...
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...
Under the plain language of 820 ILCS 305/5(b) (2016), an employer's right to reimbursement of the full amount of benefits paid or to be paid to the injured or deceased worker is absolute; it may not be diminished or, as in this case, strikes by a trial court...
Where a surviving spouse of a worker killed in a work-related car accident filed a wrongful death action in a state court and joined a separate federal wrongful death action filed by her son, and the parties eventually settled the claim with the federal court approving...
CALIFORNIA COMPENSATION CASES Vol. 83 No. 1 January 2018 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE ©...
Where an injured worker (or the worker’s dependents) have accepted workers’ compensation benefits and have further sought to recover over against one or more third parties that are responsible for the worker’s injuries, that worker—or his or her dependents—may...
Here’s the latest batch of advanced postings for the September 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. ...
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, an UIM...
Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when he was struck...
In Guerrero v. Easy Staffing , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, affirmed the WCJ’s order dismissing the lien of Advance Care Specialist Medical Clinic (ACSMC) for failure to timely file the lien pursuant to the 18-month...
Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a...
A California appellate court dismissed a claim filed by two workers who objected to the state’s workers’ compensation lien filing fee and non-assignment provisions of Labor Code §§ 4903.05, subd. (c) and 4903.8, finding that the workers had...