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.
HB Construction and/or Auto Owners Insurance Company v. Labor
Commission of Utah and James Beaty 2026 UT 3 (Issued February
26, 2026}
The Utah Supreme Court decision in HB Construction v. Labor
Commission will severely restrict workers compensation carrier's for claiming a free ride in Utah on
future credits from a third party personal injury recovery. The Court
held that if a workers compensation carrier wants to claim an offset against
future worker's compensation obligations
for medical expenses and disability compensation, it must pay its proportionate share of the employee's litigation
costs and attorney fees up front. The Court held the proportionate share of costs and attorney fees is to be calculated on the value of both past-paid and future anticipated benefits. The Court held that a
carrier is now strictly required to
reimburse the employee for its unpaid share of litigation
expenses before it can begin receiving an offset against ongoing medical
expenses and disability
compensation. Defense Counsel, Insurance adjusters, and subrogation Attorneys will all have to alter how they evaluate third party liens
and recoveries.
©
Copyright 2026 by Ford G. Scalley, Scalley Reading Bates Hansen & Rasmussen, P.C.