While this is a good article, a couple of things need to be added. Firstly, some States allow for a separate cause of action against the employer for gross negligence seeking punitive damages, thus circumventing the exclusive remedy doctrine of W/C.
And secondly, it is next to impossible for a W/C carrier to successfully pursue and enforce a subrogation claim in the claimant’s name against a responsible tortfeasor if the W/C claimant does not want or care to pursue that 3rd party claim.
But: Congress neglected the whole issue when they passed Part D Medicare. No Recovery provisions! So Medical does not include prescription drugs and if one qualifies for low income help through states, they end of paying the non recoverable costs at un negotiated prices for drugs. Congress really needs to read what they pass?
We have updated our privacy policy to be more clear and meet the new requirements of the GDPR. By continuing to use our site, you accept our revised Privacy Policy.
While this is a good article, a couple of things need to be added. Firstly, some States allow for a separate cause of action against the employer for gross negligence seeking punitive damages, thus circumventing the exclusive remedy doctrine of W/C.
And secondly, it is next to impossible for a W/C carrier to successfully pursue and enforce a subrogation claim in the claimant’s name against a responsible tortfeasor if the W/C claimant does not want or care to pursue that 3rd party claim.
But: Congress neglected the whole issue when they passed Part D Medicare. No Recovery provisions! So Medical does not include prescription drugs and if one qualifies for low income help through states, they end of paying the non recoverable costs at un negotiated prices for drugs. Congress really needs to read what they pass?