Carrier Entitled to Subrogation for Case Manager, Appellate Court Says

The Oklahoma Court of Civil Appeals said the state’s work comp subrogation statute is constitutional and a carrier was entitled to reimbursement from an injured worker’s tort recovery for the costs of a nurse case manager. Randy Jones argued that the law allowing his employer’s carrier to take more than a quarter of his civil settlement was an unconstitutional forfeiture of benefits. He also claimed that a nurse case manager works for the carrier, so the costs are not benefits and should not be subject to subrogation. The appellate court was not persuaded by either argument...