High Court: Proportionate Share of Expenses Contemplates Past, Future Benefits

The Utah Supreme Court said that when an employer seeks both reimbursement of benefits already paid and an offset for future benefits from an injured worker's third-party action, the employer's proportionate share of legal expenses must include consideration of past and future benefits. Eduardo Narciso suffered a serious injury in 2013 when he was knocked off a 9-foot concrete form and landed headfirst on the ground while working for HB Construction. He filed a tort action against third parties responsible for his injuries that settled for $5 million in July 2018. A little more than ...