Argued: March 21, 2006
Decided: June 15, 2006
For Case Analysis: See ABA Preview 314
Is an unsecured claim for unpaid premiums owing for a debtor's statutory workers' compensation liability insurance policy entitled to priority under § 507(a)(4) of the Bankruptcy Code as a "contribution to an employee benefit plan arising from services rendered"?
No. Insurance carriers' claims for unpaid workers' compensation premiums owed by an employer fall outside the priority allowed by § 507(a)(5).
From the opinion by Justice Ginsburg (joined by Chief Justice Roberts and Justices Stevens, Scalia, Thomas, and Breyer):
This case turns on the essential character of workers' compensation regimes. Unlike pension provisions or group life, health, and disability insurance plans-negotiated or granted as pay supplements or substitutes-workers' compensation prescriptions have a dominant employer-oriented thrust: They modify, or substitute for, the common-law tort liability to which employers were exposed for work-related accidents. Workers' compensation regimes thus provide something for employees-they assure limited fixed payments for on-the-job injuries-and something for employers-they remove the risk of large judgments and heavy costs generated by tort litigation. [W]e find it far from clear that an employer's liability to provide workers' compensation coverage fits the § 507(a)(5) category "contributions to an employee benefit plan . . . arising from services rendered." [W]orkers' compensation does not compensate employees for work performed, but instead, for on-the-job injuries incurred; workers' compensation regimes substitute not for wage payments, but for tort liability.
Dissenting: Justice Kennedy (joined by Justices Souter and Alito)