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Comp Carrier Can't Touch Widow's Recovery of UIM Benefits

Tuesday, August 18, 2020 | 0

A divided North Carolina Supreme Court ruled that a widow’s recovery of underinsured motorist benefits through the settlement of a lawsuit is not subject to a subrogation lien by a workers’ compensation carrier. Case: Walker v. K&W Cafeterias, No. 99PA19, 08/14/2020, published.   Facts: Robert Lee Walker worked for K&W Cafeterias, a North Carolina corporation headquartered in Winston-Salem. In May 2012, he suffered fatal injuries in a car accident in South Carolina.  Walker was driving a vehicle owned by K&W, which had workers’ compensation insur...

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