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Workplace Injury Third-Party

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Cranfill Sumner LLP

Insights from the Legal Summit: Understanding Joint Prosecution Agreements in Third-Party Claims

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On October 11, 2023, Cranfill Sumner LLP held our annual Legal Summit, a virtual event featuring insightful presentations by our attorneys that focused on the latest legal developments in North Carolina. Presentations covered...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Adler Pollock & Sheehan P.C.

Workers’ Compensation Act And Contractual Indemnification – A Conflict Between Employer Rights And Responsibilities? Not In...

Massachusetts Workers’ Compensation Act, G.L. 152 §§ 1-86 offers employers certain protections from qualified employee-prosecuted work-related negligence actions at common law. It does not protect employers from honoring...more

Chartwell Law

In Light of Whitmoyer, Have Third Party Settlement Agreements Radically Changed?

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Since the Pennsylvania Supreme Court’s decision in Whitmoyer v. Workers’ Compensation Appeal Board (Mountain Country Meats), 186 A3d 947 (Pa. 2018), circulated on June 19, 2018 (as you will see, the date matters), an...more

White and Williams LLP

In New Jersey, Workers’ Compensation Liens Are No Longer Subject to the Verbal Threshold

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The Superior Court of New Jersey, Appellate Division, recently held, in N. J. Transit Corp v. Sanchez, No. A-0761-17T3, 2018 N.J. Super. LEXIS 168 (December 4, 2018), that pursuant to N.J.S.A. 34:15-40(f) (Section 40) of New...more

White and Williams LLP

“Bad Kamara/Good Karma” — Life After Hartford v. Kamara

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How the Pennsylvania Supreme Court’s Decision in Kamara Changes the Legal Landscape for Workers’ Compensation Subrogation and Successfully Moving Forward - On November 21, 2018, the Pennsylvania Supreme Court, in a 5-4...more

McNees Wallace & Nurick LLC

Supreme Court Issues New Ruling on Workers’ Compensation Subrogation Reimbursement

In a recent case, decided on June 19, the Supreme Court of Pennsylvania granted appeal to clarify the scope of subrogation reimbursement under the Pennsylvania Workers Compensation Act (the “Act”)....more

Roetzel & Andress

Ohio Supreme Court Rules On BWC Subrogation Interest In Tort Claim Insurance Settlements

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The Supreme Court of Ohio issued an opinion last week that provides a cautionary tale whose main antagonist is the broad reach of Ohio’s automatic subrogation provision set forth in R.C. 4123.931(G). In Bur. of Workers’...more

Bricker Graydon LLP

Injured workers must inform BWC of third-party settlements

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The Ohio Supreme Court recently ruled that the Ohio Bureau of Workers’ Compensation (BWC) must be notified of potential third-party settlements that would compensate an injured worker for an injury, even when an application...more

Winstead PC

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

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A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

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