Ohio Bureau of Workers’ Comp. v. Shaffer, 2013 WL 5636299 (Ohio App. 2013) Trial lawyers have a stranglehold on Ohio subrogation. Workers’ compensation subrogation in Ohio has gone through major transformations since it was ruled unconstitutional in 2001. Although subrogation…
In one of last year’s most questionable court decisions, a sharply-divided Illinois Court of Appeals has held that the Common Fund Doctrine applies to Med Pay set-offs. In Scheppler v. Pyle, 2013 IL App. (3d) 110380-U (Ill. App. 2013), Peggy…
Personal Injury Protection (PIP) coverage is mandatory in Pennsylvania. Due to Pennsylvania being an optional or “choice” no-fault state, insureds must choose between “full tort” and “limited tort” options, and PIP coverage must be provided. Pennsylvania, New Jersey, and Kentucky…
The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we…
Abraham Lincoln once said, “The best way to get a bad law repealed is to enforce it strictly.” When and whether an injured employee can sue an owner or subcontractor for a work-related injury in Pennsylvania has been a matter…
The U.S. government sponsors more than 350 different health Plans covering more than nine million federal employees, retirees, and beneficiaries through the Federal Employees Health Benefit Act of 1959 (FEHBA). 5 U.S.C. §§ 8901-8914. Like it’s counterpart in the private…
Matthiesen, Wickert & Lehrer, S.C. would like to wish all of our clients and friends a very blessed Easter. While Easter means different things to different people, we celebrate the Good News which Easter represents. It is the fulfillment of…
The long-standing and dysfunctional approach to subrogating against foreign manufacturers has become the primary reason why pursuing Chinese manufacturers is difficult and expensive. Many insurers, corporations, and law firms continue to implement tired and ineffective tools in pursuit of these…
On August 26, 2010, DePuy Orthopaedics, Inc. (DePuy), a division of Johnson & Johnson, issued a voluntary recall of the DePuy ASR™ XL Acetabular System and ASR Hip Resurfacing Device – a total hip replacement system. It involves not only…
Minnesota and Hawaii don’t have a lot in common. However, the Minnesota Court of Appeals – of all places – recently laid down some rather novel and earth-shattering law with regard to PIP subrogation in Hawaii. In American Family Mutual…