Episode 245

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

00:00:00
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00:28:22

July 11th, 2022

28 mins 22 secs

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About this Episode

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? In this episode, "Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action," Christopher Major, Civil Practice Team Leader at Lois Law Firm, will boil down the complex issue of subrogation into the basics!


Major will discuss the following:

  • Instances where a claimant/petitioner might not file a third-party action
  • The legal requirements under Section 29(2) and Section 40(f)
  • What to do before and after filing the subrogation complaint
  • How to drive toward immediate settlement to minimize costs


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