Defending Employers: Audio From Lois Law Firm Workers' Compensation Defense Attorneys

Episode 245: Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action

July 11th, 2022  •  28 mins 22 secs  •  Download (26.8 MB)  •  Link with Timestamp

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Both Section 29 in New York and Section 40 in New Jersey permit the carrier to sue “in the shoes” of the claimant/petitioner. Why would a claimant/petitioner not sue a third party? What can you do if they refuse? What are the statutory prerequisites to commencing a subrogation action? What are the proofs and legal standards involved for common third-party causes of action?