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Latham v. Office of Recovery Servs., 2019 UT 51 (Aug. 22, 2019)

Aug 22, 2019

As a matter of first impression, the supreme court held that the Office of Recovery Services could assert a lien only on the portion of a personal injury settlement that reflected past medical expenses.  In doing so, the court observed that the assessment of funds allocable to past medical expenses was a fact-intensive inquiry, and it left to the discretion of the district court the determination of “the appropriate methodology, based on the information at the court’s disposal.”