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 ConstitutionalTennessee 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 LienDueling Statutes: Which State’s Subrogation Law Should Apply? Variables within America’s mobile economy often produce complex choice of law issues, particularly when it comes to employer/insurer subrogation interests. For example,...
Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party Claim Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party ClaimInjured Employee Must Either Assign Cause or Join Litigation as Party Plaintiff In Pennsylvania, a workers’ compensation insurance carrier may not maintain a third-party action against an alleged tortfeasor on...
Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured Employee Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured EmployeeWhere an employee was injured in a work-related auto accident, incurred $22,000 in medical expenses, a portion of which was paid pursuant to a workers’ compensation claim and the employee...
Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation Benefits Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation BenefitsWhere a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also...
Texas Insurer Barred from Going After Third-Party Settlement Proceeds Texas Insurer Barred from Going After Third-Party Settlement ProceedsStrong 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...
PA High Court Says No Subrogation Allowed Regarding Heart and Lung Benefits PA High Court Says No Subrogation Allowed Regarding Heart and Lung BenefitsHigh 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...
Ohio Auto Insurers: Beware of Nascent Workers Comp Claims Ohio Auto Insurers: Beware of Nascent Workers Comp ClaimsA 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...
Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation InterestIn 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...
Ohio: Injured Employee Settles 3rd Party Claim for $15,000, Owes Subrogated Employer $61,000 Ohio: Injured Employee Settles 3rd Party Claim for $15,000, Owes Subrogated Employer $61,000A 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...
New York: Comp Carrier Entitled to Take Credit Against Future Benefits for Rape Victim’s Settlement Against Employer and Co-Employees New York: Comp Carrier Entitled to Take Credit Against Future Benefits for Rape Victim’s Settlement Against Employer and Co-EmployeesIt 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...
Federal District Court Grants Motion in Limine to Exclude Evidence of Workers’ Comp Benefits Received By Plaintiff Federal District Court Grants Motion in Limine to Exclude Evidence of Workers’ Comp Benefits Received By Plaintiff