Monthly Archives: March 2018

Join MWL For A Webinar On Longshore & Harbor Workers’ Compensation Subrogation!

Posted on March 26, 2018

Gary Wickert and Jim Busenlener will be providing a complimentary webinar on April 11, 2018 from 10:00 to 11:30 a.m. (CDT). This webinar will provide a thorough and instructive look at the handling of longshore subrogation from first report to settlement … Learn More

To Release Or Not To Release? That Is The Question

Posted on March 26, 2018

Extinguishing Third-Party Liability as a Prerequisite to Contribution The absence of a simple sentence in a release signed by the claimant after settling a liability claim is costing liability carriers millions of dollars in contribution recoveries across the country. By … Learn More

The Cost Of Subrogation Procrastination

Posted by Gary L. Wickert on March 23, 2018

Delays in Referring File to Subrogation Counsel Can Be Expensive. In July 2017, we published an article in the Claims Journal entitled “Ten Subrogation Mistakes Insurance Companies Keep Making.” A copy of the somewhat controversial article can be viewed HERE. … Learn More

Wisconsin Legislature Plugs Temporary Employer Exclusive Remedy Loophole

Posted by Gary L. Wickert on March 15, 2018

It was the Wisconsin Legislature to the rescue. On January 6, 2018, the Wisconsin Court of Appeals held that a temporary employee on loan to a special employer appeared to have an option of either filing a workers’ compensation claim … Learn More

Equitable Subrogation/Contribution Among Coinsurers And Duct Tape: Why You Can’t Have One Without The Other

Posted by Stephen A. Smith on March 12, 2018

When multiple insurers provide coverage for a single loss or accident, things can get confusing. Coinsurance can arise as a result of conscious risk-sharing or accidentally when two policies have overlapping coverage. Litigation involving who pays what, when, and in … Learn More

Recovering Workers’ Compensation Lien Out Of Legal Malpractice Recovery In California

Posted on March 6, 2018

There is little law in California regarding the subrogation/reimbursement and/or future credit rights of an employer or workers’ compensation carrier when an employee makes a third-party recovery because of legal malpractice in the handling of the employee’s attorney. This is surprising, … Learn More