War Hazards Compensation Act Reimbursement Claims

Posted by Gary L. Wickert on September 27, 2019

It’s Like Taking Candy from a Very, Very Particular Baby 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 … Learn More

THE GENERAL CONTRACTOR PROBLEM: Paying Overhead and Profit in First-Party Claims

Posted by Gary L. Wickert on September 26, 2019

Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to … Learn More

Zen And The Art Of Hospital Lien Maintenance

Posted by Gary L. Wickert, Mark A. Solomon on September 16, 2019

Understanding Hospital Liens in All 50 States The advent, development, and implementation of hospital and health care provider lien laws in the U.S. is a subject which has permeated civil litigation and personal injury law. Simply put, a hospital or … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Bree Madison to the Firm

Posted on August 28, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome seasoned trial attorney Bree Madison to the firm as a senior litigating associate. Bree will be working in our Hartford, Wisconsin office and brings with her a wealth of litigation … Learn More

New Jersey’s Dangerous “Entire Controversy Doctrine”

Posted by Gary L. Wickert on August 26, 2019

Subrogation Rights Can Be Lost Before They Are Pursued.  New Jersey common law employs an equitable doctrine known as the “Entire Controversy Doctrine” (ECD), which can be a trap for the unwary and used as a secret weapon to destroy … Learn More

Even Monkeys Cannot Explain Why Companies Insist on Workers’ Compensation Waivers of Subrogation Endorsements

Posted by Gary L. Wickert on August 21, 2019

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is … Learn More

Washington Supreme Court Throws Automobile Subrogation Into Chaos

Posted by Gary L. Wickert on August 19, 2019

The Spanish philosopher George Santayana once said that, “Chaos is the name we give order which produces confusion in our minds.” With that definition in mind, the July 3, 2019 Washington Supreme Court decision of Daniels v. State Farm Mut. … Learn More

Amazon.com And The Liability Shield

Posted by Aaron D. Plamann on July 31, 2019

Amazon.com is the world’s largest online retail marketplace. In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude any liability by arguing that it is … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Jake Simon To The Firm

Posted on July 30, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is very proud to announce that Jake Simon has joined our insurance litigation team as a litigating subrogation associate in our Hartford, Wisconsin office. Jake is a Badger and received his undergraduate degree at … Learn More

Delaware Workers’ Compensation Subrogation Rights Do Not Extend To PPD and Commutation Benefits

Posted by Gary L. Wickert on July 23, 2019

ACW Corporation v. Maxwell, 2019 WL 3024049 (Del. Super. 2019) In what seems like a never-ending assault on an employer’s/carrier’s statutory right of subrogation and reimbursement, a Delaware Superior Court—the state trial court of general jurisdiction which also serves as … Learn More