Georgia Courts Clarify Burden of Proof for Subrogation Liens in Workers’ Compensation Claims

Under the Workers' Compensation Act (“WCA”), if an employer pays workers' compensation benefits to an employee who was injured while in the course and scope of their employment, and the employee sues a third party for causing the injuries, the employer can intervene in the suit and seek to enforce a subrogation lien against any recovery obtained by the employee from the third party. OCGA § 34–9–11.1(b). The Georgia Court of Appeals recently denied appellant, Best Buy Co.’s, motion to enforce a subrogation lien ruling as speculative certain expert testimony and finding the employer failed to separate economic versus noneconomic losses relating to the appellee’s third party settlement. Best

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