Episode 290

“Subrogation” as a Term of Art: The Difference Between Lien, Subrogation, and Offset Rights


June 12th, 2023

26 mins 42 secs

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About this Episode

Both Section 29 and Section 40 give rise to three distinct rights: lien reimbursement, subrogation, and a future credit/offset against additional workers’ compensation benefits. In this episode, ““Subrogation” as a Term of Art: The Difference Between Lien, Subrogation, and Offset Rights,” Christopher Major explains the differences between these statutory rights, their meaning, and how/when they apply. He covers benefits that are “lienable,” third-party recoveries subject to a lien, what is needed for formal subrogation, and practical examples of how credit/offset rights apply.

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