Stephen H.Grabowski sustained injuries when his fellow employees,William Mangler,David Smith,and Joseph Ziemba,detained Grabowski in a bathroom,brought him to the ground,and wrapped him,from ankles to shoulders,in duct tape.Grabowski suffered both physical injuries,which required surgery on his lower back and right knee,and post-traumatic stress,which required counseling.Grabowski has since received over $300,000 in workers' compensation for his injuries.He has brought suit against the three men to recover for the damages he has experienced beyond what worker's compensation covered.Which of the following is correct?
A)There can be no recovery from third parties when there is a worker's compensation claim.
B)There can be no recovery for horseplay in the workplace, even under worker's compensation.
C)If there is recovery, Grabowski must first reimburse the worker's compensation fund for payments received to date.
D)There is no third-party liability in workplace injuries, regardless of how they occurred.

Question

Quizplus · Accepted Answer

Under the principle of subrogation, if an injured employee receives worker's compensation and later recovers damages from a third party, the worker's compensation fund has the right to be reimbursed for the payments made to the employee to date. Therefore, if Grabowski recovers damages from the three men, he must first reimburse the worker's compensation fund for the payments he has received so far.

Stephen HGrabowski Sustained Injuries When His Fellow Employees,William Mangler,David Smith,and Joseph