Duvin, Cahn & Hutton, L.P.A.
This article talks about the case of Holeton v. Crouse Cartage Company. The Supreme Court of Ohio sent a troubling message to Ohio legislators and employers alike. The message to lawmakers that Ohio?s workers? compensation subrogation statute ? the law that allows the Bureau of Workers? Compensation and self-insured employers to recoup benefits paid to a claimant when the claimant recovers damages from a third-party wrongdoer ? is facially unconstitutional. However, if the legislature modifies the statute to ensure its constitutionality, one should be sure to manage claims carefully and aggressively, because the days of large, up-front subrogation payments are over. Hence, the court?s decision provides a blueprint for a revised subrogation statute.