The recovery rights of a workers’ compensation benefit provider in California is unfortunately a misunderstood topic by mediators, counsel and Trial Courts. From having fought to recover millions of dollars state wide in subrogation over the years, EPS is well aware of these concerns and the constant need to be well versed thereon in litigating subrogation matters. The lack of appellate decisions in this area did not help matters much.
With that in mind, the EPS success at the 4th District Court of Appeal, which the Court has now ordered published as binding authority, may go a long way to rectifying the misunderstood benefit provider’s rights. This matter was of such significance that both the California Workers’ Compensation Institute (CWCI) and Hartford requested publication, which the Court granted. Renee St.Clair and Barry Ponticello were on the briefing, with the matter argued by Barry Ponticello.
The Appellate Decision can be read here: http://www.courts.ca.gov/opinions/documents/G054220.PDF