Court Nixes Employer's Subrogation Lien Against Possible Future 3rd-Party Recoveries

The North Carolina Court of Appeals ruled that an employer’s lien against the potential third-party recoveries that a worker’s widow might obtain was properly taken down to $0. While North Carolina provides employers with a statutory right to subrogate against third-party recoveries, the amount of reimbursement the employer receives is subject to reduction if the odds of recovery are slim enough. The court said that was the case for the estate of Larry Robertson’s widow. Robertson had worked for Guy M. Beaty & Co. from 2000 to 2001, and again for a time in 2006. D...