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GARY WICKERT TALKS SUBROGATION ON NATIONAL RADIO

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Gary Wickert Defends Subrogation On The National Radio Program, Radio Health Journal, Hosted By Reed Pence


Matthiesen, Wickert & Lehrer, S.C.

1111 East Sumner Street
P.O. Box 270670
Hartford, WI 53027-0670

Phone (800) 637-9176
(262) 673-7850
Fax (262) 673-3766
E-mail Contact Us

Ryan L. Woody 
Hartford, Wisconsin
Associate
phone (262) 673-7850 ext. 36
fax 262-673-3766
email Email Me

Mr. Woody has been with Matthiesen, Wickert & Lehrer since 2004.  He concentrates his practice on large loss subrogation, ERISA reimbursement litigation, insurance defense and complex coverage issues and appeals.  Mr. Woody has represented ERISA Plans seeking reimbursement in numerous federal courts around the country.  He also serves as general counsel to health plans advising on all aspects of plan language to litigation.  Mr. Woody is a member of the American Bar Association, Defense Research Institute and an active member of the National Association of Subrogation Professionals.  He has contributed to numerous articles along with national treatises on insurance coverage and ERISA and workers' compensation subrogation.  He also testified before the Kansas Legislature about the benefits of allowing Subrogation Provisions in Health Insurance Contracts in that state.  In 2008, he was named a Rising Star by Superlawyers Magazine, an award given only to the top 2.5% of young lawyers in the State.
 
Mr. Woody also has a special interest in environmental and natural resources law. He is a member of the Natural Resources Division of the American Bar Association.  He serves as legal counsel to the Ruffed Grouse Society, a national wildlife conservation association.  In that position, he deals with all aspects of Forest Service decision-making and its consequences on the forest's stakeholders, including industry, Native Americans, residents, and environmental interest groups.  He has also represented recreation, timber and county associations in natural resources and access litigation.

Before joining Matthiesen, Wickert & Lehrer S.C., Mr. Woody was an Assistant Attorney General with the Wisconsin Department of Justice in Madison.  Ryan earned his J.D. in 2004 from Marquette University Law School in Milwaukee.  While at Marquette, he was involved with moot court, the school newspaper, practical internships, and the Environmental Law Society.  He attended undergrad at Bradley University in Peoria, IL.  Ryan is married to Annette and they reside in Whitefish Bay, WI along with their West highland Terrier, Winston.

Pro Hac Vice Admissions
Approved to practice pro hac vice in Illinois, the U.S. District Court District of Minnesota, the U.S. District Court Western District of Oklahoma, the U.S. District Court Western District of Pennsylvania, U.S. District Court Northern District of Iowa and the U.S. District Court Northern District of Georgia.

Published Decisions:
American Family Mut. Ins. Co. v. David Golke, et al., 2009 WI 81, 319 Wis.2d 397, 768 N.W.2d 729 (Wis. 2009) (The Court adopted the position of Amicus Curiae, NASP, and created new Wisconsin law for preservation of evidence and proper notice to potential defendants). 

Diamond Crystal Brands, Inc. v. Wallace, 531 F.Supp.2d 1366, 1371-72 (N.D.Ga. 2008), on reconsideration, 563 F.Supp.2d 1349 , 2008 WL 2608158 (N.D.Ga. May 15, 2008) (Represented an ERISA Fiduciary in a reimbursement action to recover proceeds from a state tort recovery.)

Anderson v. Commerce Const. Services, Inc., 531 F.3d 1190 (10th Cir. 2008) (Represented the plaintiff in a construction accident raising issues of choice-of-law between Nebraska and Kansas.)

Sierra Club et. al v. Kimbell et. al, 06cv3334, 2009 WL 250011 (D. Minn. 2009) (Represented the Ruffed Grouse Society as amicus party defending the Forest Service in an environmental challenge to the revised land management plan for the Superior National Forest.)

Representative Cases:

Markel American Ins. Co. v. Skipper Bud's of Illinois 08 L 1009 (Il. Cir. 19th Dist. 2009) (Case involved a large loss maritime subrogation claim at an Illinois marina.  Issues included hold harmless and indemnification in winter storage agreement and application of maritime law.  The case resulted in a favorable settlement.)

North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan v. Barber, 07CV77 (W.D. Pa. 2007).  (Case involved choice-of-law questions relating to a state funded benefit plan that sought reimbursement from an employee's dependant's state tort action.  Case resulted in a favorable settlement for the health plan.) 

Morton v. Rosen's Diversified, Inc. Group Benefit Plan, 08CV4976 (D. Minn. 2008).  (The plaintiff brought a state action seeking benefits under a self-funded ERISA plan. Suit was removed to federal court. Case was defended based upon theory that employer was entitled to offset for subrogation due to a prior tort settlement. Case settled favorably in employer's favor including a termination of future benefits related to the accident.)

Webcrafters, Inc. v. Martin, 08CV293 (W.D. Wis. 2008) (Case involved a reimbursement claim by a self-funded ERISA plan against a member who failed to reimburse the plan following a large state court settlement.  Issues in the case included the make-whole and common fund doctrines.  Case resulted in a favorable settlement to the plan.)

Trustees of the Texas Carpenters & Millwrights Health & Welfare Fund v. Sayyed, 06CV246 (W.D. Ok. 2006)  (Self-Funded union welfare plan sought equitable relief under ERISA for reimbursement for medical benefits from a California state tort settlement. Court granted temporary restraining order and case settled shortly thereafter.)

Bar Admissions:
Wisconsin, 2004
U.S. District Court Eastern District of Wisconsin
U.S. District Court Western District of Wisconsin
U.S. Court of Appeals 7th Circuit
U.S. Court of Appeals 8th Circuit
U.S. Court of Appeals 10th Circuit
U.S. Court of Appeals 11th Circuit
Education:
Marquette University Law School, Milwaukee, Wisconsin, 2004
J.D.
Honors: Dean's List Fall 2003
Honors: Best Brief at Marquette Moot Court Competition
Honors: President, Environmental Law Society


Bradley University, Peoria, Illinois, 2001
B.S.
Honors: Mortar Board, Senior Honor Society
Honors: Bradley Honor's Program
Major:  International Business
Minor:  German


Published Works:
Forest Resources: The Year In Review,, Author and Editor, American Bar Association, Section of Environment, Energy, 2009


Workers Compensation Subrogation In All 50 States, Contributing editor of national treatise on workers compensation subrogation by Juris Publishers, 2008


ERISA & Health Insurance Subrogation in All 50 States, Contributing editor: national treatise on ERISA & Health Insurance Plan subrogation, Juris Publisher, Second Edition, 2008


Insurance Coverage in All 50 States, Contributing editor of national treatise on Insurance Coverage, Juris Publishers, Second Edition, 2008


American Family Ins. v. Golke Brothers: NASP To Appear As Amicus Curiae Before The Wisconsin Supreme Court in Spoliation Case, NASP Subrogator, Winter, 2009


Where is the Luggage?, NASP Subrogator, Winter, 2005


Classes/Seminars Taught:
The ABC's of Health Subrogation, 2006 NASP Conference, Orlando, FL. November, 2006


The Nuts and Bolts of Workers' Compensation Subrogation, Subrogation College, 2006, NASP Conference, Orlando, FL. November, 2006


Nuts and Bolts of ERISA Subrogation, Self Insured Services Corporation, Dubuque, IA, May 22, 2007


Recognizing Subrogation Potential, Motors Insurance Corporation, Atlanta, GA, June 7, 2007


The Intersection of Health Subrogation and Bankruptcy, 2007 NASP Conference, New Orleans, LA., November, 2007


Successfully Subrogating Occupational Accident Plans, U.S. Specialty Insurance Company, Houston, TX, November 15, 2007


Building a Successful Subrogation Program, Baldwin & Lyons, Inc., Indianapolis, IN, February 26, 2008


Issues in Property Subrogation, Society Insurance Company Annual Meeting, Fond Du Lac, WI, March 28, 2008


The Economic Loss Doctrine: The Monster in the Property Subrogation Closet, Execusummit Atlantic City, April 30, 2008


The Nuts and Bolts of Healthcare Subrogation In Wisconsin, Security Health Plan of Wisconsin, Inc., Marshfield, WI, May 7, 2008


Successfully Subrogating Occupational Accident Plans, OneBeacon Insurance Company, Buffalo, NY, June 17, 2008


Health Subrogation Best Practices in the Wake of the Shank Case, National Other Party Liability Group Annual Conference, Minneapolis, MN, April 22, 2009


Wisconsin Spoliation Law Update, NASP Regional Meeting, West Bend, WI, May 5, 2009


ERISA Subrogation 101, Association of Railroad Medical Service Executives, Las Vegas, NV, June 4, 2009


ERISA and the Wrongful Death Lawsuit, NASP Annual Conference, Colorado Springs, CO, November 1, 2009


Honors and Awards:
Named "Rising Star" by Superlawyers Magazine, 2008


Professional Associations and Memberships:
Wisconsin Bar Association


American Bar Association


Defense Research Institute


National Association of Subrogation Professionals


Property Loss Research Bureau


Liability Insurance Research Bureau


Past Employment Positions:
Wisconsin Department of Justice, Madison, Wisconsin, Assistant Attorney General


CTCW DRI Member NASP

Wisconsin Super Lawyers 2006 Wisconsin Super Lawyers 2005 Top Wisconsin Lawyers 2005

Top Wisconsin Lawyers 2008