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Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.
A while back, I was involved in a case where some electricians had installed solar panels on the roof of a building to generate electricity. A few years after it was installed, there was a fire. Nobody really disputed how it happened; some rodent, most likely a squirrel, had been gnawing on electrical wires underneath…
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Most states permit a workers’ compensation carrier to assert a future credit against benefits otherwise payable when an injured employee recovers damages from a responsible third party. The availability of a future credit is now the rule rather than the exception. Yet, while the existence of the credit is widely accepted, the mechanics of how…
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The Utah Supreme Court has issued an important decision for workers’ compensation and subrogation professionals navigating third-party recoveries and future credits. In HB Construction and/or Auto Owners Insurance Co. v. Labor Commission of Utah, the Court resolved a long-standing ambiguity in Utah Code § 34A-2-106(5) and clarified how attorney fees must be allocated when a…
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The Eleventh Circuit’s December 22nd decision in Blanchard v. Walker is a timely cautionary tale for workers’ compensation carriers about the high cost of passivity in Alabama third-party litigation.[1] Although the case arose from a multistate fact pattern, its real lesson is procedural and strategic: a carrier’s lien and subrogation recovery depend on the continued…
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