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Home / Opinions / Courts / Court of Appeals, Eastern District / Workers’ Compensation: Second Injury Fund – Subrogation – Third-Party Recovery

Workers’ Compensation: Second Injury Fund – Subrogation – Third-Party Recovery

Where a workers' compensation claimant who was injured in an auto accident recovered against the other driver's insurance company for the $100,000 policy limits and received an award of permanent total disability benefits, the Second Injury Fund is entitled to a subrogation interest under Cole v. Morris based on the claimant's third-party recovery. Judgment is reversed ...