Insurer has no subro rights for payment of workers comp death benefits in Oklahoma
Decedent was killed on the job in a traffic accident. His estate received workers comp death benefits. His estate also sued the parties involved in the accident for wrongful death. The workers comp insurer sought to intervene in the tort action, claiming a right to be reimbursed for the payments it made under the workers comp law.
HELD:
The Oklahoma State Legislature has not included the insurance company the rights to subrogation for monies paid to an employee's beneficiaries and thus, the workers comp insurance company has no standing to intervene in the case. The statutory language is neither ambiguous nor uncertain. The workers comp insurer may not stand in the shoes of the Employer and since the Employer did not pay any benefits to the employee's beneficiaries, the Employer has no right to seek reimbursement for benefits paid by the workers comp insurer.
McBride v. Grand Island Express, 2010 OK 93
