Delaware Supreme Court clarifies subrogation rights for workers’ comp insurers

The case began when Edna Manz, an employee of Apis Services, Inc., was injured in a motor vehicle accident while acting within the scope of her employment. At the time, Apis Services had workers’ compensation coverage through ProAssurance. Following the accident, Manz filed a workers’ compensation claim and received $374,070.72 for medical expenses and lost wages, along with a lump sum of $80,000 for all future workers’ compensation entitlements. The settlement agreement between Manz and ProAssurance specifically reserved ProAssurance’s right to assert a lien against any recovery Manz might obtain from other insurance carriers as a result of the work

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