Haugenoe v. Workforce Safety & Insurance

[¶ 51] I respectfully dissent. The Workforce Safety and Insurance order is consistent with the statute.

[¶ 52] Workforce Safety and Insurance paid nearly a quarter of a million dollars in benefits for Haugenoe, including the costs incurred because of the medical malpractice. The legal malpractice recovery represents what should have been recovered in the medical malpractice action. WSI seeks fifty percent of the legal malpractice recovery, reduced by attorney’s fees and its share of expenses.

[¶ 53] Although some states allow sub-rogation of legal malpractice claims arising out of medical…