If you think the recent Congressional civil war over cutting entitlements and spending, raising the debt ceiling (again), and funding Obamacare was a melee, welcome to the ongoing dispute in Pennsylvania over whether a workers’ compensation carrier can initiate the filing of a third-party lawsuit. It’s the usual suspects: trial lawyers vs. subrogation professionals. However,…
In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases involving product liability. Tiara Condo. Ass’n, Inc. v. Marsh & McLennan Companies, Inc., No. SC10-1022…
Subrogation of Occupational Disease Claims Eliminated “Just when I thought I was out, they pull me back in.” – Al Pacino, Godfather III. In 2005, Missouri amended its statutes and divorced the compensability of occupational disease claims from its statutory workers’ compensation definitions of “accident” and “injury.” A few years later, in the case of…