2018 Merry Christmas and Happy New Year!

Matthiesen, Wickert & Lehrer, S.C. would like to thank our clients and local counsel for a wonderful year and wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope your Christmas is full of holiday cheer shared with family and friends. For us…

Read more

Florida Adopts “Frye Standard” For Experts

Florida’s tug-of-war between its courts and its legislature regarding the appropriate standard for a judge to use to assess the admissibility of an expert’s opinion testimony has finally been settled. On October 14, 2018, the Florida Supreme Court announced that the Frye standard is the governing standard when determining the admissibility of expert testimony. This…

Read more

Illinois Supreme Court Opens Door To Employee Intervention After Statute of Limitations Runs

The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ compensation carrier, even after the personal injury Statute of Limitations (“SOL”) runs. In A & R Janitorial v. Pepper Construction Company, 2018 WL 123220 (Ill. 2018), an employee…

Read more

New Jersey Court Confirms Workers’ Comp Carrier Can Subrogate Against No-Fault Driver

A recent New Jersey Superior Court Appellate Division decision has ostensibly settled a long-standing subrogation question with regard to whether a worker’s compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey no-fault insurance, even though the employee does not otherwise meet the verbal threshold allowing him…

Read more

Half A Million Reasons To Subrogate: A.O. Smith Recalls Fire-Causing Water Heaters

A.O. Smith Corporation, a manufacturer of water heaters located in Milwaukee, Wisconsin, recently announced a recall of more than 616,000 water heaters that are being blamed on causing numerous house fires. According to the U.S. Consumer Product Safety Commission (CPCS), the gas burner (flame arrestor) screen on several models develop a tear, resulting in excessive…

Read more