"He who does not punish evil
commands that it be done."
— Leonardo da Vinci
Workers' compensation statutes impose liability without
fault on the employers of men and women who are injured on the job.
They also permit employers to recoup the costs they incur from any
third parties who actually caused the injuries through negligence
or wrongful acts. But the liability of most employers is covered by
insurance, and insured employers often have no incentive
to prosecute claims against tortfeasors. So are wrongdoers off the
hook?
In Pacific Ins. Co., Ltd. v. Champion Steel,
LLC, No. 19402 (Conn. September 27, 2016), one alleged
malefactor argued that Connecticut's workers' compensation
law, which makes no provision for claims against third parties
by insurers, affirmatively bars insurers from seeking
remedies against responsible parties. Last month, the Connecticut
Supreme Court rejected that claim. In a case of first impression,
the court recognized a common law
