The Case for Allowing Subrogation of Nurse Case Management Fees

Newsletter, Occupational Accident, Subrogation, Workers' Compensation

It is a tenet of modern workers’ compensation practice that expediency and efficiency in returning an injured employee to work benefits everyone involved. Nowhere is this goal met more directly and effectively than in the securing and utilization of nurse case management services. These professionals coordinate and monitor the medical treatment of injured workers, ensuring…

Breaking Down French v. Amazon: Big Shift in Arkansas Subrogation Law

Insurance Coverage, Newsletter, Subrogation, Workers' Compensation

The Arkansas subrogation landscape is notoriously hostile toward insurance carriers, particularly in the workers’ compensation context. Anchored in a sweeping application of the “Made Whole Doctrine,” Arkansas courts have historically treated subrogated carriers as afterthoughts in the allocation of third-party recovery. However, a recent federal court decision—French v. Amazon.com, Inc.—delivers a long-awaited dose of clarity…