Florida Court Reverses Reduction of Workers’ Comp Lien in Third-Party Settlement

MS Employer/Carrier Not Entitled to Reimbursement for Second Medical Opinion Out of Injured Employee’s Third-Party Recovery

Cost of Ohio Bureau’s Second Medical Opinion Not Part of its Subrogation Interest

Utah District Court Lacks Jurisdiction to Hear Employer’s Suit to Recover Injured Employee’s Fair Debt Collection Act Settlement Proceeds

MS Court Says Injured Employee Must Reimburse Comp Carrier for Cost of Employer Medical Evaluations

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...

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...

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...

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...

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...

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...

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...