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Ohio Supreme Court Holds Third Parties Jointly and Severally Liable as to Subrogation Interest on Post Settlement Workers’ Compensation Benefits

WORKERS

CASE ALERT:

The Ohio Supreme Court has issued a decision underscoring the reach of the state’s workers’ compensation automatic subrogation statute.

In Bureau of Workers Compensation v. Verlinger (Slip Opinion No. 2018-Ohio-1481), Ohio’s high court reversed the lower courts, holding that both a claimant and settling third parties are jointly and severally liable for the subrogation lien, including as yet unpaid and future benefit payments. Third parties would include the tortfeasor, its insurance carrier, and the claimant’s underinsured motorist insurer.

In Verlinger, the statutory subrogee (the Bureau) filed suit asserting its subrogation interest naming as defendants the claimant, her insurer and the insurer of the driver alleged to have caused the accident.

The factual setting was interesting given that at the time of the third-party settlements there were no workers’ compensation benefits paid. In fact, the claimant had previously been denied workers’ compensation benefits for failing to demonstrate that the motorcycle crash injury occurred within the course and scope of the driver’s employment. The denial was subsequently reversed on administrative appeal and the claimant was deemed eligible for benefits.

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RMI PARTNER CO-PRESENTER: FIRE SCENE SAFETY, PRESERVATION & RELATIONSHIPS: THREE KEYS TO A SUCCESSFUL FIRE INVESTIGATION

DMM Scene Photo Bio

 

RMI partner David Matejczyk, who has participated in hundreds of fire scene examinations in Ohio during his legal career, was a co-presenter at the NASP Annual Conference on the topic of safe and successful fire scene examinations.

The program titled “Fire Scene Safety, Preservation, and Relationships: Three Keys to a Safe and Successful Fire Investigation Subrogation” addressed steps to a successful fire scene investigation.

Co-presenters included the Chair of the IAAI Health and Safety Committee along with another experienced subrogation counsel from a neighboring state.

The program addressed the health and safety risks associated with site inspections, the legal risks associated with improperly handling site inspections, and the interpersonal conflicts that may exist during the site inspection process. The presentation addressed issues that arise during the early stages of a fire loss investigation: (1) the often overlooked environmental and physical hazards; (2) the sometimes overlooked NFPA 921 mandates for site access, site exams, and evidence preservation; and (3) the interrelationships between those involved in the investigation process and the conflicts that sometimes develop.

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