Virginia Made Whole Doctrine

Virginia Court Of Appeals Rejects Attempt To Limit Workers’ Compensation Carrier’s Reimbursement To “Like Damages”

Stowers v. Georgia Pacific, LLC, 2022 WL 903486 (Va. App. 2022). Trial lawyers in Virginia have been trying for decades to convince that state’s courts to rule that a workers’ compensation carrier is not subrogated to non-economic damages awarded or recovered in a third-party tort action. On March 29, 2022, the latest such effort was…

Alabama State Capital

Alabama Court Of Appeals Denies Workers’ Compensation Subrogation Against Employer’s UM/UIM Policy

Ignores Supreme Court Decision Hinting Otherwise O’Brien v. Mobile Pub. Lib., 2022 WL 829245 (Ala. App. 2022). Workers’ compensation subrogation remains an intense struggle between the powers of good and evil; with insurance carriers attempting to preserve their rights to seek reimbursement of claim payments made necessary through the negligent acts of tortfeasors and the…

Pennsylvania Subrogation Law

Pennsylvania Reneges Once Again On Social Bargain Of Workers’ Compensation Subrogation

Loftus v. Katrina Decker: Appeal of Eastern Alliance Ins. Group, 2022 WL 711142 (Pa. Super. 2022) A March 10, 2022, Pennsylvania Superior Court appellate decision underscores why the cost of workers’ compensation insurance for small businesses is the highest in the northeast United States. In Loftus v. Decker, the workers’ compensation carrier (Eastern Alliance) paid…