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Matthiesen, Wickert & Lehrer S.C.
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Newsletter

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Sitting In Judgment Of The Proper Spelling: “Judgement” Or “Judgment”?

Newsletter, SubrogationMarch 26, 2019

The English language is a fascinating subject with a history as rich as it is confusing. It is spoken by nearly 1 billion people worldwide, making it the second most-spoken language, with only Mandarin (1.2 billion) surpassing it. It is…

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Sometimes You Need More Than A Handshake: Documenting Waivers of Workers’ Compensation Subrogation Liens and Credits

Newsletter, Workers' CompensationMarch 25, 2019

A recent Pennsylvania federal court decision reminds us all that when settling third-party cases that involve workers’ compensation subrogation interests, it is vitally important to understand all of the steps which are necessary to fully document and enforce any settlement…

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Arizona Supreme Court Applies Nebraska Law In Conflict-Of-Law Case

Newsletter, Workers' CompensationMarch 25, 2019

One year ago, the Arizona Court of Appeals announced that A.R.S. § 23-1023 was not a statute of limitations under Arizona law, with regard to the requirement that an employee must file a third-party action within the first year after…

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Tennessee Denies Recovery Of Nurse Case Management Fees By Workers’ Compensation Carrier

Newsletter, Workers' CompensationMarch 15, 2019

Another state has been heard from. The growing outcry for direction over whether case management fees can be recovered by a subrogated workers’ compensation carrier has in many respects been as daunting and elusive as the search for the Holy…

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Texas Supreme Court Enforces Waiver Of Subrogation Endorsement And Disallows Reference To Extrinsic Contracts

Newsletter, Workers' CompensationFebruary 28, 2019

On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review granted…

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Personal Liability Of Attorney For Failing To Pay Subrogation Lien In Indiana

Newsletter, SubrogationFebruary 21, 2019

In Indiana, a subrogated carrier may be able to sue the attorney on behalf of its insured when the attorney settles a third-party tort claim without reimbursing the subrogated carrier. In Holland v. Indiana Farm Bureau Insurance, 110 N.E.3d 369…

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Understanding “Surplus Lines” Insurance: Demystifying Specialty, Wholesale, Surplus Lines, and Specialty-Admitted Insurance

Newsletter, SubrogationFebruary 18, 2019

Subrogation professionals are often required to deal with a variety of insurance companies, including those admitted or licensed to transact business in a particular state and those which are not. Understanding the difference can assist the claims handler and subrogation…

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“Matching Regulations” Affecting Homeowners’ Insurance Claims

Newsletter, PropertyFebruary 8, 2019

It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and…

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Pennsylvania Supreme Court Destroys Compensation Carrier’s Ability To Initiate Filing Of Third-Party Action

Newsletter, Workers' CompensationFebruary 8, 2019

A long-standing political tug-of-war over whether a workers’ compensation carrier can initiate a third-party subrogation lawsuit and protect its subrogation rights under § 319 has ended with a disappointing Supreme Court decision. On November 21, 2018, the Pennsylvania Supreme Court…

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Minnesota Clarifies Third-Party Allocation Procedure When The Employer Is Negligent

Newsletter, Workers' CompensationFebruary 6, 2019

The Minnesota Court of Appeals has confirmed how a third-party tort recovery is to be apportioned procedurally when the employer is found to be comparatively at fault. The confusing state of affairs in Minnesota has undergone some changes in recent…

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Hartford, WI 53027

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