Escobar v. Zurich American Insurance

By Judge Bruce D. White

This matter came before the Court on January 21,2011, for argument on the motion of Plaintiff, Rosali Mayen Escobar, to reduce the statutory workers’ compensation lien held by Defendant, Zurich American Insurance Co. (“Zurich”). Escobar argues that the Court has the authority to reduce the worker’s compensation lien in order to afford the Plaintiff a pain and suffering recovery in his third party negligence action against the tortfeasor who caused the injury. Zurich contends the Court has no such authority. At the conclusion of the hearing, the matter was taken under…