UM and Workers' Compensation
Would a worker be precluded from making claims under both his work UM policy and his personal policy? His personal has tendered but I discovered that his employer has a policy also.
Answer: You can recover both without an offset of UM against Work Comp or vice versa. Here's an extract from my CLE paper:
Chambers v. Walker, 1982 OK 128, 653 P.2d 931 prohibits offset or credit against the insured's own UM policy for workers' compensation benefits, despite a policy provision to that effect. Bill Hodges Truck Company v. Humphrey, 1984 OK CIV APP 55, 704 P.2d 94 prohibits the converse: an offset of UM benefits paid under the worker's own policy against a workers' compensation recovery. Torres v. Kansas City Fire and Marine Ins. Co., 1993 OK 32, 849 P.2d 407 and Dennis v. Harding Glass Co., 1996 OK CIV APP 105, 929 P.2d 301 prohibit an employer and workers' compensation carrier from offsetting against workers' compensation benefits UM coverage payable under the employer's car policy. Thrasher v. Act-Fast Labor Pool, Inc., 1991 OK 12, 806 P.2d 640: No subrogation of Workers' Compensation against UM; suit against UM carrier does not require filing election in Workers' Compensation Court. Thrasher v. Act-Fast Labor Pool, Inc., 1991 OK 12, 806 P.2d 640 holds there is no subrogation of Workers' Compensation against UM and that suit against UM carrier does not require filing election in Workers' Compensation Court.
Posted on Wed, October 23, 2013
by Travis Law Office filed under