Getten v. Liberty Mutual Insurance

This case presents an appeal from the Workers’ Compensation Court which affirmed a determination by the Division of Workers’ Compensation regarding subrogation rights. The Division determined that respondent was entitled to a subrogation right in tort claim proceeds recovered in a wrongful death action brought by appellant. We affirm.

Appellant raises the following issues for review:

1. Does the Division of Workers’ Compensation have jurisdiction over this subrogation claim?

2. Did Liberty Mutual Insurance establish that the claimant was provided full legal redress in its third party claim so…