Employer Failed to Preserve its Lien Rights in Settlement

An employer failed to "plainly and unambiguously" preserve its right to a future offset from the third-party settlement proceeds obtained by its injured worker in consenting to the settlement.Case: In the Matter of the Claim of Tamara v. Airborne Express Inc., No. 513803, 11/01/2012, published.Facts: Monica Tamara sustained a work-related injury to both knees, both hands and her right elbow when she tripped and fell in January 2004. She received workers' compensation benefits for her injuries from January 2004 through August 2004, when she returned to work.Tamara's self-insured employe...