Workers’ Compensation – Contribution Between Carriers

Micheal A. Edwards, representing employer/carrier #2, successfully defended a contribution claim by employer/carrier #1 claiming 60 percent of the permanent total disability benefits that employer/carrier #1 was paying to the claimant. Mr. Edwards was able to prove that the claimant was permanently and totally disabled based solely upon the back injury with employer/carrier #1, in spite of the fact that the claimant subsequently had a significant and disabling neck injury with his client, and that the decision by employer/carrier #1 to voluntarily accept permanent total disability was made without consideration of the subsequent neck injury.  Therefore, the claim for contribution against our client was denied.