Auto Owners Ins. v. Utah Labor Comm’n
Auto Owners Ins. v. Utah Labor Comm’n, 2026 UT 3 (Pohlman, J.)
Property
The Utah Supreme Court held:
- The Commission rightly included future anticipated medical costs in determining employer’s proportionate share of legal expenses associated with third-party tort action..
- Practice Tip: When an employer or carrier seeks to offset future benefits by third-party recovery, subsection 34A-2-106(5) requires the Commission to account for future anticipated benefits.
- Practice Tip: When an employee has paid all expenses associated with third-party recovery, an employer or carrier must bear its proportionate share of those expenses before offsetting future benefits against that recovery.