Until recently, Connecticut’s Workers’ Compensation Subrogation Statute § 31-293 labored under the judicial interpretation by which an employer was allowed to file a third-party action, but its workers’ compensation carrier was not. Subrogated carriers had to hope that the employee or employer was willing to bring an action because if the employee didn’t file, and business conflicts or other reasons led the employer to decide not to file, the carrier was out of luck. That all changed with the 2016 Connecticut Supreme Court decision in Pacific Insuran...
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