Work Comp Subro

I have a third party case where the workers’ compensation carrier has subrogation far greater than the liability money. I have tried for months to get the comp carrier to split the liability money with us but they will not respond. Do you have a motion to disburse that will get this done by court order?

Answer: See the pleadings section of our website for a Petition to Apportion Workers’ Comp Proceeds in the form of a declaratory judgment action. You can get the District Court to apportion up to and including 100% to the injured worker, if the facts are right. See: Kendrick v. Federal Express, 1993 OK CIV APP 147, 868 P.2d 748, 2nd opinion: 66 OBJ 2363: Affirms award of entire ($10,000) to claimant.