Free State Lawyers Go 10-for-10 in Nevada Workers’ Comp Court
- The Nevada Attorney for Injured Workers (NAIW) state agency provides free legal representation to employees appealing denied workers’ compensation claims.
- Last year, NAIW won all ten of its appeal cases in state courts.
- Despite this undefeated record, officials believe the service is underutilized due to a lack of public awareness.
- Many injured workers instead hire private attorneys, paying a significant portion of settlements in fees.
Oregon High Court Restores Right to Sue State Workers
- In Crandall v. Oregon, the Oregon Supreme Court ruled that a state law giving public employees immunity from lawsuits is unconstitutional.
- The court found that the legislature cannot take away an injured worker’s right to sue a negligent person, even if that person works for the state.
- Because workers’ comp doesn’t pay for “pain and suffering,” it wasn’t considered a fair trade for losing the right to sue.
- This decision means private employees can now file third-party negligence claims against public workers who cause them harm.
Court Rules Insurers Can Recover Workers’ Comp Costs from Pain and Suffering Settlements
- In Stermel v. Workers’ Compensation Appeal Board, the Pennsylvania Commonwealth Court ruled that an employer’s insurer has an absolute right to full subrogation from a claimant’s third-party recovery.
- The court affirmed that Section 319 of the Workers’ Compensation Act entitles the insurer to reimbursement for medical and wage benefits paid.
- This decision rejected the claimant’s argument that “pain and suffering” damages from a settlement should be exempt from the lien.
- Consequently, the carrier can recover costs from the entire settlement amount, regardless of how the funds are categorized