MS Court Reverses Trial Court’s Summary Judgment Against Injured Worker/Plaintiff on Judicial Estoppel Grounds

NY Court: Somewhat Inconsistent Statements Related to Third-Party Action Was not § 114-a Violation

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

GA Co-Employee Defendant Enjoys Immunity from Civil Liability Following Parking Lot Accident

Issue Commentary: Can Employer Be Liable in Tort for Failure to Gather Evidence to Assist Injured Worker in Third-Party Action?

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...

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...

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...

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...

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...

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...