Malek v. Henry S Safety Supply Comp

The State Compensation Insurance Fund appeals from a judgment of the Workers’ Compensation Court ordering the Fund to return monies to the claimant. We affirm.

In this case we hold principally that the Workers’ Compensation Court had subject matter jurisdiction to compel the State Compensation Insurance Fund, where no prior determination had been made as to subrogation rights by the Division of Workers’ Compensation, to return subrogation funds to the claimant.

Respondent David Malek suffered an injury compensable under the Workers’ Compensation Act when he was injured in an automobile accident…