A workers' compensation carrier has a right to be reimbursed from the economic damages portion of an insurance award to prevent double recovery, the Vermont Supreme Court ruled.
The high court said that insurance awards -- namely from uninsured motorist policies -- must be apportioned into economic and non-economic damages, with the carrier entitled to recover its workers' compensation claims costs from the former.
The high court relied on the decision in Travelers Insurance Co. v. Henry, which mandated the division of awards to prevent double recovery by injured workers.
"Our approach i...
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