· 11/12/1974
Delfino R. Olivas, Aetna Life and Casualty Company, Plaintiff-Intervenor v. United States
Citations
- 506 F.2d 1158
- 1974 U.S. App. LEXIS 6097
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the rationale behind the collateral source rule does not apply in a situation where the collateral source is the defendant himself
- noting that Arizona law treats lien rights under its workers’ compensation act “as if they were subrogation rights”
- proceeds from insurance policy were not collateral benefit because defendant was responsible for payment of all the premiums
- proceeds from in surance policy were not collateral benefit because defendant was responsible for payment of all the premiums
- “If this interpretation [that the employer’s insurance carrier waived its right to reimbursement] is adopted, the statutory objective of precluding double recovery by the employee will still be accomplished.”
- damages against government under Federal Tort Claims Act were reduced by payments to plaintiff under workmen’s compensation policy paid for by government
Source: CourtListener parenthetical corpus (CC0).
Judges: Hamley, Merrill, Wright
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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