The issue raised in Dion v. Batten is one that is not unusual for those who are injured while driving in the course and scope of employment. That’s because workers’ compensation benefits are typically awarded far in advance of any personal injury damage award by third-party, at-fault drivers. But plaintiffs are forbidden from collecting double recovery for things like medical expenses or lost wages. So if a workers’ compensation insurance carrier has already provided coverage for those elements and then a subsequent injury lawsuit results in a compensation award for those same damages, the workers’ compensation insurer is then entitled to subrogation – or reimbursement for – the compensation it previously paid.
Plaintiff worked as a servicing agent for a car dealership in Wilmington in March 2009 when the vehicle he was driving for work was struck by a vehicle driven by a defendant who failed to stop at a red light. Because the crash occurred during the course and scope of plaintiff’s employment with the dealership, plaintiff was entitled to – and filed a claim for – workers’ compensation benefits. Continue reading