Hughes v. Argonaut Insurance Company

Opinion

REARDON, Acting P. J.

The doctrine of workers’ compensation exclusivity is a frequent subject of judicial tweaking. Like the law of search and seizure, the variety of fact patterns seems never ending, and each variation presents yet another opportunity for judicial review. This time we examine whether a claimant may sue her employer’s insurance carrier in superior court for what amounts to the insurer’s purported mishandling of its lien on the claimant’s settlement with a third party tortfeasor. We conclude she may not and accordingly affirm the judgment of dismissal.

I. Background

As…