Virginia Made Whole Doctrine

Virginia Federal Court Conflates Equitable And Legal Subrogation And Establishes The Made Whole Doctrine

Until recently, Virginia courts had not applied or even discussed at length the equitable Made Whole Doctrine. Its application had been rejected in a 1998 unreported state circuit court ruling involving a self-funded medical reimbursement plan.[1] In the case of P.R.C., Inc. v. Jones Welding & Repair, Inc., Judge Jane Roush wrote: O’Bryan’s reliance on…

Brice K. Nakamura

Matthiesen, Wickert & Lehrer, S.C. Welcomes Brice Nakamura To The Firm

Brice K. Nakamura is a Senior Associate Attorney in our California branch office. Brice started his legal profession in the Taxation field where he defended multi-million-dollar companies in California against aggressive tax collection procedures. He then transitioned to the personal injury field, where he gained experience litigating cases involving premises liability, automobile accidents, and real…

Workers Compensation Injury

Ohio Court Rules Workers’ Compensation Carrier May Not Seek Subrogation Reimbursement Of Record Review And Medical Report

In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical exam (IME) fees, expert fees, functional capacity evaluation charges, rehabilitation benefits, physician advisor fees, behavioral…

Marina Boat Storage Subrogation

Marina Boat Storage Subrogation: Navigating Storage Agreement Exculpatory Clauses

On Friday, August 19, a huge fire ripped through the historic and family-owned Mattapoisett Boatyard in southern Massachusetts, a short distance south of MWL’s Boston office. The fire destroyed five buildings, three dozen cars, and countless expensive boats. Continuous explosions and fuel from the boats left the property a complete loss, making subrogation efforts difficult…