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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.