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Carrier's Alleged Misconduct Doesn't Allow for Forfeiture of Lien

By WorkCompCentral

Thursday, May 17, 2018 | 307 | 0 | 76 min read

The Illinois Appellate Court on Tuesday ruled that an insurance carrier’s alleged misconduct will not result in a waiver of its subrogation rights. A carrier’s right to reimbursement in Illinois is “absolute,” the court said, so the Mid-West Truckers Risk Management Association could not be denied a portion of the recovery that the estate of Arnold Rexroad recovered for his fatal accident. Rexroad had worked for Hetzels Overland Transport prior to his death on Valentine’s Day 2012. The 64-year old was driving a tractor-trailer on Interstate 70 in Hendricks Coun...

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