Tag: third-party action

Oct 27, 2022

Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules

In a split decision, the Supreme Court of Florida reversed a decision by the state’s Second District Court of Appeal and held that where a plaintiff tenders a written offer...

Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules
Jul 18, 2022

Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury

Observing that in Kansas, like a number of other states, an employer may be liable in tort as a “third-party tortfeasor” if the employer has obligations to the employee independent...

Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury
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
Dec 21, 2021

IL Supreme Court Sidesteps Important Issue on Technical Grounds

Dodging an issue that had spawned multiple amicus curiae briefs regarding an interesting (and important) question—whether an employee’s representation in a workers’ compensation settlement agreement that he had only suffered...

IL Supreme Court Sidesteps Important Issue on Technical Grounds IL Supreme Court Sidesteps Important Issue on Technical Grounds
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
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