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Comparative Fault Determination Allowed for Reduction in Lien

Monday, June 24, 2019 | 430 | 0 | 9 min read

A Missouri appellate court ruled that a trial judge did not err in relying on a post-settlement comparative fault determination in calculating the reimbursement due to a workers’ compensation insurance carrier on its subrogation lien. Case: Watts v. EFCO Corp., No. SD35642, 06/10/2019, published. Facts: Robert Watts worked for R&R Trucking. He fell while attempting to tarp a trailer loaded by the EFCO Corp. R&R had workers’ compensation coverage with the Liberty Mutual Insurance Co. Liberty paid Watts $248,822.53 in workers' compensation benefits. Procedural history...

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