Tag Archives: lien

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 employee (and their mother) enjoyed a lien against the employee’s … Continue reading

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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 extent to which, following 2005 amendments to the state’s exemption … Continue reading

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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 workers’ compensation subrogation lien for nurse case management expenses under … Continue reading

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PA High Court Says No Subrogation Allowed Regarding Heart and Lung Benefits

Strong Subrogation Rights Exist Only as to Payments Made under WCA Acknowledging that an employer/carrier’s outlay of workers’ compensation benefits entitles it to a subrogation lien on any recovery the injured worker enjoys against a third-party tortfeasor — including payments … Continue reading

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Ohio Auto Insurers: Beware of Nascent Workers Comp Claims

High Court Says BWC Has Subrogation Interest in Spite of Denial of Claim In a decision that should impact settlement procedures in virtually all personal injury cases within the state of Ohio, the Supreme Court of Ohio recently held that … Continue reading

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Ohio: Injured Employee Settles 3rd Party Claim for $15,000, Owes Subrogated Employer $61,000

In Ohio, like most jurisdictions, an employer or carrier that provides an injured worker with workers’ compensation benefits enjoys a subrogation interest, to the extent of such payment, in any third party recovery that the injured employee may recover [Larson’s … Continue reading

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