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High Court Clarifies Carrier's Obligation to Contribute to Worker's 3rd-Party Litigation Expenses

By WorkCompCentral

Thursday, December 21, 2017 | 539 | 0 | 0 min read

New York’s highest court ruled that an insurance carrier has to chip in for a worker’s litigation expenses in obtaining a third-party recovery he secured before receiving a schedule loss of use award. Case: Terranova v. Lehr Construction Co., No. 125, 12/19/2017, published. Facts and procedural history: Joseph Terranova worked for the Lehr Construction Co. as a foreman. In 2009, he tripped over a floor tile and injured his right knee. Terranova received $21,495.99 in benefits from Lehr's comp carrier, the New Hampshire Insurance Co. He also pursued a third-party action ...

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