Thomas v. Logue
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The Supreme Court affirmed the judgment of the court of appeals reversing the decision of the court of claims seeking to recover a portion of the Bureau of Workers' Compensation (BWC)'s subrogated award in this case, holding that the BWC's attempted expansion of subrogation was unlawful.
The BWC allowed Lamar Thomas's workers' compensation claim for some conditions he received in an industrial accident caused by a third party but disallowed an additional claim for other conditions linked to the workplace accident based on a second opinion rendered during a medical review. When Thomas settled his personal injury case against a third-party tortfeasor, the BWC recouped through subrogation the cost of the medical review it had used to deny Thomas's additional claim. Thomas brought suit against the BWC. The court of claims denied the complaint via judgment on the pleadings. The court of appeals reversed. The Supreme Court affirmed, holding that the medical review the BWC obtained was not an expense recoverable in subrogation.
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