A divided Montana Supreme Court on Tuesday ruled that an Oklahoma employer could not assert a subrogation lien against a worker's potential recovery from a third-party tortfeasor in Montana because he had not been "made whole" for his injuries.
The "made-whole" doctrine is a principle of equity that bars an employer or carrier from recouping the cost of workers' compensation benefits it paid unless the injured employee has received a full recovery of damages from a work-related accident.
Like Montana, Arkansas and Utah embrace the doctrine. Oklahoma is among the s...
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