Nevada Court Rules Subrogees Can Collect on 3rd-Party WC Settlements
- The Nevada Supreme Court has ruled that workers’ compensation insurance companies may assess the total proceeds of a third-party settlement with an injured worker, regardless of whether the proceeds are economic or noneconomic.
- In Amtrust North America, Inc. v. Vasquez, 2024 WL 4233423 (Nev. 09/19/24), the court overruled a precedent case and said that when a WC insurer pays benefits to an insured, state law provides that the insurer has a lien against the total proceeds of any recovery the insured may collect from a third party.
- The court ruled that the law doesn’t require insurers to bear a portion of an injured worker’s third-party litigation expenses.
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Federal Workers WC Act Passes Senate Homeland Security Panel
- The Improving Access to Workers’ Compensation for Injured Federal Workers Act (S. 131) has cleared the Senate Homeland Security and Government Affairs Committee, with language authorizing physicians assistants to certify injuries and oversee care for federal workers covered by the federal workers’ compensation program.
- Under current policy, federal employees are unable to have their treatment overseen by physicians assistants or nurse practitioners for care provided through the Federal Employees Compensation Act (FECA) following injuries sustained on the job.
- The American Academy of Physician Associates has described this policy as “overly burdensome and outdated restriction has no basis in best medical practices, increases costs unnecessarily, and limits access to healthcare for federal employees.”
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