Understanding When HIPAA Applies One of the most common questions in workers’ compensation subrogation practice is whether HIPAA requires a signed release before medical records can be obtained or shared. The short answer is that HIPAA seldom prevents the exchange of records between medical providers and workers’ compensation carriers for the purpose of administering or…
The Emergence of Tenant Legal Liability Programs A new insurance product has emerged in the multifamily/rental housing industry that could impact insurers’ subrogation rights: Tenant Legal Liability (TLL) insurance and Tenant Liability Waivers are becoming increasingly common as apartment owners seek to ensure coverage for tenant-caused property damage without relying on tenants to directly purchase…
Why Failing to Intervene Is Risky In the world of workers’ compensation subrogation, what you don’t do can hurt you—and hurt you badly. Nowhere is this more true than in the context of a compensation carrier, its third-party administrator, or its subrogation vendor deciding whether or not to intervene in a pending third-party lawsuit filed…
When a hot water pipe ruptured in a luxury multi-unit development in New Jersey, it soaked more than drywall and hardwood—subrogation was on everybody’s mind. But things didn’t go according to plan. In 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. Super. 2025), a case decided by the New Jersey Appellate…
Overview In a decision that underscores the destructive power of the Economic Loss Doctrine in New Jersey, the Appellate Division recently dismissed a property insurer’s subrogation action arising from a construction defect. The case, 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. App. Div. 2025), reaffirmed that when losses are purely…
Workers’ compensation laws were born from a grand bargain between employers and employees—a trade-off designed to ensure swift, no-fault benefits for injured workers while protecting employers from unpredictable litigation. In exchange for giving up their right to sue, employees gained access to guaranteed medical care and wage replacement. Employers, in turn, assumed the financial burden…
MWL’s subrogation expertise is not limited to effectively subrogating all lines of insurance for its clients. Recently, our expertise and authority in workers’ compensation subrogation resulted in several Nebraska legislators and a lobbying concern to reach out to MWL and rewrite Nebraska’s workers’ compensation subrogation statutes. Judicial Decisions that Disrupted Nebraska’s Subrogation Balance In recent…
On March 4, 1791, Vermont joined the Union as the fourteenth state. It has long prided itself on independence, deliberate policymaking, and a certain laconic New England sensibility. But in the world of workers’ compensation subrogation—where uncertainty can mean millions in lost recovery—Vermont’s traditional caution has left subrogation professionals often waiting decades for answers. One…
It is a tenet of modern workers’ compensation practice that expediency and efficiency in returning an injured employee to work benefits everyone involved. Nowhere is this goal met more directly and effectively than in the securing and utilization of nurse case management services. These professionals coordinate and monitor the medical treatment of injured workers, ensuring…
The Arkansas subrogation landscape is notoriously hostile toward insurance carriers, particularly in the workers’ compensation context. Anchored in a sweeping application of the “Made Whole Doctrine,” Arkansas courts have historically treated subrogated carriers as afterthoughts in the allocation of third-party recovery. However, a recent federal court decision—French v. Amazon.com, Inc.—delivers a long-awaited dose of clarity…