Acuity v. Decker

Plaintiff was injured in motor vehicle accident while working for his employer.  Plaintiff received workers' compensation benefits through his employer's worker's compensation carrier. Plaintiff also reached settlement with insurer for third-party tortfeasor (other driver), for full policy limit, and Plaintiff paid worker's compensation insurer from  that settlement the amount required to satisfy workers' compensation lien. Plaintiff filed UIM claim with his employer's auto insurance carrier. Employer's auto policy does not treat workers’ compensation as an element of loss under a “Liability Coverage Form.” Plaintiff should be allowed to present all elements of loss in UIM arbitration, including those elements paid through workers’ compensation. However, those elements will be subject to the set off for the amount Plaintiff actually recovered on his workers’ compensation claim and on his claim against other driver. (HUTCHINSON and ZENOFF, concurring.)