Employer Can't Recover Payment of Commutated Benefits From 3rd-Party Tortfeasor

The Delaware Supreme Court ruled that a third-party tortfeasor and his automobile insurance carrier were entitled to summary judgment on an employer’s claim of entitlement to a recovery of what it paid an injured employee as a commutated payment of workers’ compensation benefits. Case: ACW Corp. v. Maxwell, No. 302, 11/18/2020, published. Facts and procedural history: Shanara Devon Waters worked for the ACW Corp. She was traveling within the course and scope of her employment in February 2016 when she suffered injuries in a car accident caused by Christopher Maxwell. Waters...