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  • About
  • Attorneys
  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • Resources
    • Newsletters
    • Laws By State
    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
      • Workers’ Compensation Subrogation In All 50 States
      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
    • Reference Charts
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    • Refer A File
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2020

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  2. 2020

Virginia Made Whole Doctrine

Virginia Trial Judge’s Order Fuels Rumor That Carrier Has No Lien for Lump-Sum Workers’ Compensation Settlement

Newsletter, Workers' CompensationBy JamieDecember 22, 2020

An obscure and unpublished circuit court order from Buckingham County, Virginia, is being circulated by trial lawyers across the Old Dominion State for the proposition that a workers’ comp carrier is not entitled to subrogation for or reimbursement of any…

Florida Flag

Florida Hospital Liens

Newsletter, Workers' CompensationBy JamieDecember 22, 2020

Nothing in life is free. The common saying is especially true for medical services. Most states provide hospitals with unique statutory ways of ensuring that they are reimbursed for the services they provide—especially in the case of patients without health…

Mary and Jesus

Merry Christmas and Happy New Year!!

Newsletter, SubrogationBy JamieDecember 22, 2020

Matthiesen, Wickert & Lehrer would like to thank our clients and local counsel for a wonderful year and wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope…

Subrogation Investigation

The Adventure of Subrogation Investigation

Auto, Med Pay, PIP, NewsletterBy JamieDecember 17, 2020

“Mr. Sherlock Holmes – You could not possibly have come at a better time!” the claims adjuster exclaimed. “This vehicle accident is a typical ‘he said, she said’ situation. Both drivers claim to have had the green light and there…

Thanksgiving Pilgrims

Happy Thanksgiving From Matthiesen, Wickert & Lehrer, S.C. in 2020

Community Outreach, NewsletterBy JamieNovember 24, 2020

During the brutal winter of 1620-21, Miles Standish, the English military officer hired by the Pilgrims as military advisor for Plymouth Colony and one of the Mayflower passengers, played a leading role in the administration and defense of the colony.…

Marshall Colorado Wildfire

Settling Subrogation Claims And The Dreaded Release: Release Language, Indemnity, Hold Harmless, and Other Concerns

Newsletter, Workers' CompensationBy JamieNovember 24, 2020

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.”…

Arizona Flag

Arizona Court Rules Med Pay Carrier Only Responsible For Paying Reasonable Medical Expenses—Not Amount Billed To Insured

Newsletter, SubrogationBy JamieNovember 23, 2020

In the continuing struggle between recovery of medical expenses billed vs. recovery of discounted medical expenses paid by insurers, an Arizona federal court has sounded off on the duty and obligation of a Med Pay carrier with respect to paying…

US Flag with Hard Hat

Understanding War Hazard Act (WHA) Subrogation Claims

Newsletter, Workers' CompensationBy JamieNovember 13, 2020

Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal…

Subrogation Trap

Florida’s Subrogation Trap

Auto, Med Pay, PIP, NewsletterBy JamieOctober 28, 2020

Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the…

Auto Insurance

Florida PIP Subrogation And The Mysterious Commercial Vehicle Exception

Auto, Med Pay, PIP, NewsletterBy JamieOctober 28, 2020

Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect…

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