NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
The Houston Appeals Court recently found that an insurance carrier was not able to recover subrogation funds from a wife who collected death benefits as the administrator of the deceased’s estate from a third party. After receiving workers’ compensation death benefits, the children of the deceased filed a wrongful death claim against a third party. As part of the settlement, the third party agreed to allocate a portion of the funds to the deceased’s estate. The wife was the administrator of that estate. The court reasoned the carrier was not entitled to subrogation funds because the wife did not individually recover funds from the third party settlement. Therefore, the collective-recovery standard did not apply. Fort Bend County v. Norsworthy, No. 14-17-00520-CV, 2019 WL 1291526 (Tex. App.—Houston [14th Dist.], March 21, 2019).
- Copyright 2019, Erin Hacker Shanley, Stone Loughlin & Swanson, LLP.