Questionable Hawai’i Court of Appeals Decision Creates Interesting Workers’ Compensation Subrogation Opportunities

If a contest were held for the worst appellate decision of 2017, we might already have a winner. The recent unpublished Hawai’i Court of Appeals decision in Hawaiian Dredging Constr. Co., Inc. v. Fujikawa Assocs., Inc., 2017 WL 663540 (Haw. App. 2017) turns the very concept of workers’ compensation in the Aloha State upside down,…

Nebraska Supreme Court Sidesteps Issues Of Future Credit And Made Whole Doctrine In Workers’ Compensation Subrogation

Trial lawyers in Nebraska had high hopes that a questionable Court of Appeals decision from early 2016 might reinject the equitable Made Whole Doctrine into Nebraska workers’ compensation subrogation and eliminate any right of the carrier to a future credit whenever the injured employee files and pursues a third-party action. On December 16, 2016, the…

How To Sue Yourself And Win

The new American horror film “Split”, directed by M. Night Shyamalan, recently in theaters, is a psychological thriller which centers on a bizarre antagonist with 23 separate personalities. Without spoiling the plot, suffice it to say that it focuses on the fact that there is something to the adage “mind over matter.” They say that…