Tuesday, May 13, 2008

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New Post 4/12/2008 9:20 AM
  mardan1865
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Workers Compensation 

How does Subrogation & Liens relate to an injury case involving Workers Compensation ? Hypothetically speaking if your case results in an award of $50,000, does the insurance carrier through Workers Compensation lien any money awarded in a 3rd party suit to recover money they have paid to the injured worker recieving Workers Compensation benefits ?

 
New Post 4/30/2008 12:22 PM
  J Michael
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Re: Workers Compensation 

Generally, Workers Compensation has a "lien" relative to payments made in cases involving third party actions.  The WC law only requires that two thirds (2/3) of the amount be paid back.  But, if it is a motor vehicle case, the first 50,000 of payments by WC are considered to have been made "in lieu of no fault" and are not lienable.  Regardless, consent to settle must be obtained from the WC carrier.  JMH

 
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