LexisNexis® Legal Newsroom
North Carolina: Attorney’s Fees in 3rd Party Actions Limited to One-Third of Injured Employee’s Recovery

While the North Carolina Industrial Commission does not have jurisdiction to determine the reasonableness of attorney’s fees in third-party negligence cases involving the rights of an injured worker vis-à-vis the subrogation interests of the employer or carrier, those fees are, nevertheless...

Texas: State Supreme Court Answers Complex Question as to Credit Allowed to Carrier in Third Party Action with Multiple Beneficiaries

Under Texas law, consistent with that in the large majority of states, a workers’ compensation carrier has a subrogation interest in a third-party civil action to the extent of its prior payments for benefits and to treat the amount recovered as an advance against the carrier’s future payment...

Wisconsin: Trial Court Can Compel Injured Employee to Accept Settlement of Third-Party Civil Action

The Supreme Court of Wisconsin affirmed a decision compelling a plaintiff/injured employee to accept a settlement offered in a third-party civil action he had filed against an alleged tortfeasor. The employee, who worked for the Village of Fontana, had filed a civil action against Northland Equipment...

Delaware: Affiliation Between Insurance Companies Is Insufficient to Block Insurer’s Right to Join in Third-Party Action

A Delaware court has allowed the employer’s workers’ compensation insurer to intervene in a personal injury action filed by an injured employee against the firm that provided janitorial services to the employer, finding that the insurer has a subrogation interest in any recovery by the injured...

Massachusetts: Insurer’s Lien Does Not Reach Injured Worker’s Damages for Pain and Suffering in Third-Party Action

Relying upon an earlier decision [(Curry v. Great Am. Ins. Co., 80 Mass. App. Ct. 592 (2011)], a Massachusetts appellate court held that the workers’ compensation insurer’s lien under G. L. c. 152, § 15, does not reach the damages for pain and suffering recovered by the injured worker...

California Workers’ Comp Case Roundup (3/12/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 2015 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 © Copyright 2015 LexisNexis. All rights...

Missouri: Commission Exceeded Authority in Ordering Subrogation Payment

A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for an amount far exceeding the subrogation lien could...

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim nunc pro tunc under N.Y. Workers’...

New York: Employee May Obtain Nunc Pro Tunc Approval of Settlement Only if Suit Is Actually Filed

Where an injured employee never commences a third-party action to recover for injuries arising out of the same incident as his or her workers’ compensation claim, but settles the claim for less than the amount of compensation he or she has received, a New York trial court is without authority to...

California Workers' Compensation Case Roundup (1/2/2016)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 2015 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 © Copyright 2016 LexisNexis. All rights...

New Jersey: Court Strikes Down Employment Contract Provision Limiting Employee’s Right to Sue Third Party

A provision in an employment contract that limited an employee’s right to sue a third party for negligence and instead required the injured employee to accept only the benefits that he could recover under the New Jersey Workers’ Compensation Act was against public policy and unenforceable...