Carrier Can’t Continue with Subrogation Claim

The Sixth District rejected an injured worker’s negligence lawsuit against the Los Altos School District because of Government Claims Act restrictions on claims against public entities. The decision also halts the subrogation claim State Farm Fire and Casualty filed to recoup the workers’ comp benefits it paid. The lawsuit stems from a trip-and-fall accident on … Read More »

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Court Holds Up Carrier’s Subrogation Claim

A workers’ comp carrier must wait until the Workers’ Compensation Appeals Board determines whether an insured’s negligence contributed to a worker’s injury before it can pursue subrogation through its lien against a settlement the worker reached with a third party. The Third District Court of Appeal’s decision upholds the trial court’s summary judgment order in … Read More »

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Workers’ Comp Subrogation Case Clarified

A worker allegedly injured by a malfunctioning industrial robot cannot sue the foreign corporation that manufactured the device. A California Court of Appeal ordered a lower court to quash the summons against Fanuc Japan for lack of jurisdiction. But the negligence lawsuit against its domestic subsidiary continues. The case stems from the injuries Abraham Bernal … Read More »

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