Dearing v. Perry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that although loss of consortium is a derivative action, it is separate and independent from the primary action and therefore exempt from the employer's compensation lien
• holding that a $16,000 allocation for loss of consortium, in light of the $50,000 total award to the employee and his wife, was improper where insurer had no opportunity to negotiate the allocation
• invalidating provision in settlement agreement allocating réimbursable and nonreimbursable damages where workers’ compensation carrier had no opportunity to participate in settlement; carrier is entitled to decision on allocation by impartial factfinder

Source: CourtListener parenthetical corpus (CC0).