Tag: lien

May 17, 2022

Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement

Reiterating that aTexas workers’ compensation carrier is entitled to the “first money” an injured worker recovered in a third-party tort action—here, settlement of a medical malpractice claim—and stressing further that...

Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement
Mar 8, 2022

Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical Providers

A federal district court, sitting in Wisconsin, has affirmed a decision by a U.S. Bankruptcy Judge that found $400,000 paid into the trust account of an injured worker’s attorney, and...

Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical Providers Federal Court: Settlement Agreement Created Express Trust Favoring Injured Worker’s Medical Providers
Feb 1, 2022

PA Employer’s Right to Subrogation is “Absolute”

Acknowledging that a trial court in a declaratory action had fixed the injured employee’s total damages in his third-party tort claim at almost $2 million, designating $1,500,000 of that total...

PA Employer’s Right to Subrogation is “Absolute” PA Employer’s Right to Subrogation is “Absolute”
Oct 11, 2021

NY Worker Barred From Future Benefits Even After Paying Comp Insurer $63K From Settlement Proceeds

Despite the fact that a workers’ compensation insurer was aware of an injured worker’s third-party action against the driver of a motor vehicle, and even received and accepted more than...

NY Worker Barred From Future Benefits Even After Paying Comp Insurer $63K From Settlement Proceeds NY Worker Barred From Future Benefits Even After Paying Comp Insurer $63K From Settlement Proceeds
Oct 1, 2021

Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation Lien

A Wisconsin appellate court held that a deceased worker’s automobile insurance carrier, which had written a policy that included underinsured motorist’s (UIM) limits of $250,000, may only reduce its coverage...

Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation Lien Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation Lien
Dec 2, 2020

Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit

Circuit Court’s Contempt Order for Failure to Abide by Discovery Order is Erroneous An Illinois trial court committed error when it found an intervening workers’ compensation insurer in contempt for...

Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit
Aug 14, 2020

Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges

The Supreme Court of Minnesota recently held that a health care provider who voluntarily declined to intervene in a pending workers’ compensation proceeding after receiving timely and adequate notice of...

Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges Minnesota Chiropractor's Inaction Causes Loss of $9K in Medical Care Charges
May 20, 2020

Divided MS Supreme Court Reverses Court of Appeals on Child Support Lien Issue

Reversing a decision by deeply divided Court of Appeals (for additional details on that earlier decision, see my post from last year), the Supreme Court of Mississippi, in a split...

Divided MS Supreme Court Reverses Court of Appeals on Child Support Lien Issue Divided MS Supreme Court Reverses Court of Appeals on Child Support Lien Issue
Aug 13, 2019

Federal Court Says Oklahoma’s Subrogation Statute is Constitutional

The U.S. District Court for the Western District of Oklahoma recently held that Oklahoma’s workers’ compensation subrogation statute, 85A Okla. Stat. § 43 does not violate Article 23, Section 7...

Federal Court Says Oklahoma’s Subrogation Statute is Constitutional Federal Court Says Oklahoma’s Subrogation Statute is Constitutional
Apr 17, 2019

Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support

Lien Allowed in Spite of Fact that Children Had Been Adopted by Step-Father In a 5-4 decision, the Court of Appeals of Mississippi held the biological children of a deceased...

Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support
Mar 28, 2019

7th Circuit Certifies Important Exemption Question to Illinois Supreme Court

May Unpaid Healthcare Providers Reach Workers’ Compensation Claim Settlement? The U.S. Court of Appeals for the Seventh Circuit recently certified to the Illinois Supreme Court an important question regarding the...

7th Circuit Certifies Important Exemption Question to Illinois Supreme Court 7th Circuit Certifies Important Exemption Question to Illinois Supreme Court
Feb 18, 2019

Nurse Case Management Fees Not Part of Employer’s Subrogation Lien

Tennessee Employer Does Enjoy Lien for Disability Indemnity & Medical Expenses In a case of first impression, a Tennessee appellate court recently held that an employer does not enjoy a...

Nurse Case Management Fees Not Part of Employer’s Subrogation Lien Nurse Case Management Fees Not Part of Employer’s Subrogation Lien