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Comp Carrier Lost Lien Rights by Waiting to Long to Intervene in 3rd Party Action

By WorkCompCentral

Monday, February 1, 2016 | 1593 | 0 | 13 min read

The 4th District Court of Appeals ruled that a comp carrier lost its ability to intervene in a worker's suit against an alleged third-party tortfeasor by waiting until the eve of trial to assert its lien rights. Case: Vatuvei v. Citrus and Allied Essences, No. G051507, 01/25/2016, unpublished. Facts: Tanu Vatuvei worked for Mission Flavors & Fragrances. He claims he developed a fatal lung condition known as bronchiolitis obliterans because of his on-the-job exposure to diacetyl.  This chemical is commonly used as an artificial butter flavoring. Vatuvei filed a tort suit a...

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