Monthly Archives: August 2020

Subrogating Employees’ Intentional Act Damage Recoveries From An Employer Or Co-Employee

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits … Learn More

Kansas Decision Reveals Danger of Not Intervening In Workers’ Compensation Third-Party Litigation

Kansas Decision Introduces Concept of “Statutory Deficit”. The Kansas Court of Appeals is holding class on why it is important to have subrogation counsel in workers’ compensation subrogation third-party cases – even in states which are favorable to carriers. In … Learn More

New York Federal Court Clarifies Anti-Subrogation Rule

New York’s anti-subrogation rule (“ASR”) is found in common law and is not statutorily based. The anti-subrogation rule is a common-law doctrine crafted by the New York Court of Appeals “both to prevent the insurer from passing the incidence of … Learn More