In handling a third-party case as an examiner, what is your primary concern?

• A. Maximizing the employer's recovery
• B. Filing the suit against the third party
• C. Closing the file
• D. Putting the third party on notice of your claim

Answer: (A)

In a third-party case, the essential aim is subrogation: recovering as much of the benefits paid to the employee as possible from the party at fault. The examiner’s primary concern is maximizing the employer’s recovery, because the self-insured plan bears the initial costs and needs to regain those funds to stay solvent and fund future benefits.

This means evaluating liability, damages, and the cost of pursuing the claim, and choosing a path that yields the greatest net return. Filing a suit, while a common tool, is a means to recover money and not the end in itself; the decision to sue depends on whether the expected net recovery justifies the costs and risks. Closing the file too soon would forego potential recovery, and putting the third party on notice is a procedural step to preserve rights rather than the objective. So, the core focus is the net financial recovery for the employer.