Monthly Archives: September 2017

Is Waiver Of Third-Party Rights By Employee Enforceable?

There is seemingly no end to the attacks on a workers’ compensation carrier’s rights of subrogation and reimbursement when a third-party is liable for a work-related injury. In New Jersey, however, the Supreme Court will soon be deciding whether even the … Learn More

New Orleans Area Massive Roofing Nail Spill on Interstate Results in Hundreds of Property Insurance Claims

On September 26, 2017, a truck spilled thousands of roofing nails on Interstate 10 in Metairie, Louisiana (a suburb of New Orleans). Hundreds of vehicles rolled over the nails and sustained punctured tires, resulting in replacement of tires that may … Learn More

Use Of Aftermarket (Non-OEM) Crash Parts In Repair Of Damaged Vehicles

According to a 1999 study commissioned by the Alliance of American Insurers (AAI), if you were to build a $25,000 vehicle using only Original Equipment Manufacturer (OEM) parts, it would cost you over $100,000. When repairing vehicles damaged in accidents, … Learn More

Illinois’ Mandatory Arbitration Law Repealed

Mandatory Arbitration of Auto Physical Damage Claims Now a Thing Of The Past  The game of musical chairs regarding the Illinois law that requires mandatory arbitration of auto physical damage subrogation claims is finally over. The music has stopped and … Learn More

SUBROGATION SETTLEMENTS AND THE I.R.S.: Form W-9, Form 1099, Taxable Income, And All That Stuff

Almost any time money changes hands in America, there are tax issues. The Internal Revenue Code (I.R.C.) is over 2,600 pages long, and contains fives times as many words as the Bible. The federal tax rules and resources within the CCH … Learn More

Iowa Legislature Responds To Call For Reform Of Workers’ Compensation Act

The Iowa legislature has finally acted on the call by Iowa business groups to overhaul Iowa’s workers’ compensation system. For years, they have claimed that the state’s system has tilted unfairly toward injured workers and significantly raised employers’ costs. Many … Learn More

Arizona Allows Court To Reduce Workers’ Compensation Lien On Third-Party Settlement Due To Employer Fault

In May 2016, we published an article listing the ten best and the ten worst states for subrogating workers’ compensation. Arizona was near the top because it didn’t allow reduction of the carrier’s lien for attorneys’ fees and provided for … Learn More