Seeking recovery of workers' compensation benefits paid, The Insurance Company of the State of Pennsylvania filed a petition in intervention in a wrongful death lawsuit. The petition was struck, and following the trial court's final judgment, ICSP's motion for new trial was overruled by operation of law. The local law of the state under whose workmen's compensation statute an employee has received an award for an injury determines what interest the person who paid the award has in any recovery for tort or wrongful death that the employee may obtain against a third person on account of the same injury. Because Oklahoma law controls, ICSP had no standing to pursue its claimed subrogation rights. The trial court's order is affirmed. Dallas Court of Appeals, No. 05-12-00062-CV, 07-24-2013.
Insurance Company of State of Pennsylvania v. Neese
Tex. App. Dist. 5
August 12, 2013