Monthly Archives: May 2014

Health Insurance Subrogation In The Age Of Obamacare

Posted by Gary L. Wickert on May 28, 2014

Health insurers and health insurance professionals can close their eyes and hope that the so-called Patient Protection and Affordable Care Act (ACA) becomes a distant memory in their rear-view mirror, but the truth is that for now, it is the … Learn More

Ohio Court Of Appeals Splits Hairs To Bar Workers’ Comp Subrogation Third-Party Action

Posted by Gary L. Wickert on May 28, 2014

Ohio Bureau of Workers’ Comp. v. Shaffer, 2013 WL 5636299 (Ohio App. 2013) Trial lawyers have a stranglehold on Ohio subrogation. Workers’ compensation subrogation in Ohio has gone through major transformations since it was ruled unconstitutional in 2001. Although subrogation … Learn More

Illinois Applies Common Fund Doctrine To Med Pay Set-Off

Posted by Gary L. Wickert on May 27, 2014

In one of last year’s most questionable court decisions, a sharply-divided Illinois Court of Appeals has held that the Common Fund Doctrine applies to Med Pay set-offs. In Scheppler v. Pyle, 2013 IL App. (3d) 110380-U (Ill. App. 2013), Peggy … Learn More

PIP Subrogation/Reimbursement From Workers’ Comp Carrier In Pennsylvania

Posted by Gary L. Wickert on May 27, 2014

Personal Injury Protection (PIP) coverage is mandatory in Pennsylvania. Due to Pennsylvania being an optional or “choice” no-fault state, insureds must choose between “full tort” and “limited tort” options, and PIP coverage must be provided. Pennsylvania, New Jersey, and Kentucky … Learn More