Tag: subrogation

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
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 19, 2021

Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s Interests

OCGA § 34-9-11.1, Georgia’s statute that gives the insurer (or employer) the right to “assert the employee’s cause of action in tort” against a third party or parties if the...

Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s Interests Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s Interests
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
Apr 29, 2021

Federal Court Allows Comp Insurer to Intervene in Injured Worker’s Third-Party Action

Providing a casebook-like discussion of the issues related to a workers’ compensation insurer’s intervention in a third-party civil action, the U.S. District Court for the Eastern District of Missouri held...

Federal Court Allows Comp Insurer to Intervene in Injured Worker’s Third-Party Action Federal Court Allows Comp Insurer to Intervene in Injured Worker’s Third-Party Action
Apr 15, 2021

Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort Claim

A deeply divided Supreme Court of Colorado (three justices dissenting), reversing in relevant part a decision of a split division of the Court of Appeals, held that a settlement between...

Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort Claim Colorado Comp Carrier’s Settlement With Third-Party Defendant Partially Undermines Employee’s Tort Claim
Aug 21, 2020

Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim

The North Carolina Supreme Court, in a split decision, reversed an earlier decision by the state's Court of Appeals, and held that because the employer's commercial auto policy contained an...

Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim
Feb 5, 2020

Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice Settlement

Where an employer paid for medical services exclusively to treat the compensable injury, but not to treat any additional harm from medical negligence, the employer had no subrogation interest in...

Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice Settlement Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice Settlement