An injured worker has no standing in a subrogation action initiated by a tby the insurance carrier/employer against the ultimate wrongdoer where the injured worker takes no action to pursue a personal injury action against the third party. The injured worker, who fails to file an action, has no right to interfere with the subrogation claim and need not be notified of the settlement.
A NJ Appellate Court ruled that the failure of the injured worker to proactively initiate a third party claim prohibited the employee from involvement/recovery in the subrogation action.
INAAM ELHELOU, ET AL. VS. LIPINSKI OUTDOOR SERVICES, ET AL.
VS. ALL STATE POWER WASH
July 9, 2015
2015 WL 4112210 (N.J.Super.A.D.)