NJ Supreme Court Holds Subrogation Conflict Does Not Exist Between Workers’ Compensation and the Auto Insurance Statute

In a PER CURIAM opinion, the NJ Supreme Court held that there is no conflict between the Workers’ Compensation Act and Automobile Insurance Laws. Subrogation was permitted.

Bard Hernia Mesh Litigation Heads for Trial

Trial dates have now been scheduled in the C.R. Baird hernia mesh litigation pending in Rhode Island state court. The first of over 7,000 cases will be advancing in the courtroom with the first trial commencing in July 15, 2019. Thereafter, 5 cases per month will be listed for hearing. 

Subrogation Notice Must Be Timely - Unpublished Decision

A NJ Appellate Court barred a subrogation claim made by an employer against a 3rd party for failure to give timely notice to the injured worker. The notice provisions of the NJ statute were strictly enforced.

An employer may bring a lawsuit, in the name of the injured worker or dependents,  against a wrongful third-party to recover workers’ compensation benefits paid, if the employee fails to bring an action within one year of the date of the accident. 

Opioid Litigation and Workers' Compensation

The newly initiated litigation by public entities against Big Pharma may prove to be a huge boost to the workers' compensation system. The lawsuits have the potential curtailing a massive drain of benefit dollars and may provide for subrogation as a result of the nations' opioid epidemic.

Injured worker has no standing in a subrogation claim

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.

A-4731-13T1
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.)

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