Tag Archives: third-party action

NY Claimant Establishes Aspergillosis Claim as an Accidental Injury

Court’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a claimant suffered from an occupational disease (allergic bronchopulmonary aspergillosis) and … Continue reading

Posted in Case comment | Tagged , , , , , | Leave a comment

NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment

A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that employer and the nurse, held a state appellate court yesterday … Continue reading

Posted in Case comment | Tagged , , , , , , , , , , , | 2 Comments

Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous Horseplay

On Tuesday of this week, the Supreme Court of Rhode Island affirmed a determination by a state trial court that granted summary judgment, on exclusive remedy grounds [see R.I. Gen. Laws § 28-29-20 (1956)], to a defendant in a negligence … Continue reading

Posted in Case comment | Tagged , , , , , , , | Comments Off on Rhode Island’s Exclusive Remedy Rule Shields Worker Who Engaged in Dangerous Horseplay

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

Posted in Case comment | Tagged , , , | Comments Off on Nurse Case Management Fees Not Part of Employer’s Subrogation Lien

Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party Claim

Dueling 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, some states (e.g., Arizona), provide for absolute assignment (to the … Continue reading

Posted in Case comment | Tagged , , , , , | 2 Comments

Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured Employee

Injured 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 behalf of an injured employee to recoup the amount paid … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured Employee

Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job and incurred a loss of earning capacity from the injury … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation Benefits

Where 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 recovered $15,000 from a third-party tortfeasor but, under the Arizona … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation Benefits

Texas Insurer Barred from Going After Third-Party Settlement Proceeds

Where 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 prevents the carrier from recovering from the injured employee, once … Continue reading

Posted in Case comment | Tagged , , , , , , , , | 2 Comments

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

Posted in Case comment | Tagged , , , , , | Comments Off on Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest