Tag Archives: subrogation

Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest

A Nebraska county court lacked subject matter jurisdiction when it conducted a subrogation hearing to determine a workers’ compensation insurer’s interest in a wrongful death settlement that had been reached between a deceased employee’s estate and an alleged negligent third … 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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New York: Comp Carrier Entitled to Take Credit Against Future Benefits for Rape Victim’s Settlement Against Employer and Co-Employees

A workers’ compensation carrier, who paid benefits to an aide at a juvenile detention center who was physically assaulted, raped, and kidnapped is entitled to take a dollar-for-dollar credit against future benefits owed where the aide settled a federal civil … Continue reading

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Federal District Court Grants Motion in Limine to Exclude Evidence of Workers’ Comp Benefits Received By Plaintiff

It has long been held that an injured employee should not be allowed to keep the entire amount of his or her workers’ compensation award and also the full common-law recovery he or she may enjoy against a responsible third … Continue reading

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