The Blame Game: Understanding Exculpatory Agreements and Liability Waivers

Society has gone from risk-averse to risk-intolerant. It is hard to participate in any activity without being asked to read and sign some sort of release, exculpatory agreement, or liability waiver in advance. A key tool of risk management is … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Three New Attorneys To The Firm

Matthiesen, Wickert & Lehrer, S.C. is growing. We would like to announce the joinder of three new attorneys to our firm – one in Wisconsin, one in New Orleans, and one in our Los Angeles office. Matthiesen, Wickert & Lehrer … Learn More

Understanding The Effect Of Experience Modifiers On Workers’ Compensation Insurance Premiums

It is said that good judgment comes from experience, but experience comes from bad judgment. That pithy aphorism is generally true in life, but is particularly true when a company sees significantly increased workers’ compensation insurance premiums following a serious workers’ compensation claim. … Learn More

Texting While Driving On The Rise Despite More Laws Banning It

It’s going to be a banner year for trial lawyers and a tough year for auto insurers. More than 3,000 people are killed on U.S. roads every year in distracted driving crashes, and the use of cellphones while driving has … Learn More

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

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

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

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

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

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

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