Ohio Court Of Appeals Splits Hairs To Bar Workers’ Comp Subrogation Third-Party Action

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 is currently a statutory right of carriers and self-insured employers, it has been a bumpy…

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PIP Subrogation/Reimbursement From Workers’ Comp Carrier In Pennsylvania

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 are the only states that have “choice” no-fault laws, also known as an optional modified…

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You Break It, You Buy It: Understanding Anti-Indemnity Statutes

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 are not much different. It is virtually impossible to find a construction contract which does…

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Missouri Supreme Court Declares Anti-Subrogation Law Not Preempted by FEHBA

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 market, ERISA, the FEHBA does not mention or provide for rights of reimbursement or subrogation.…

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The Need For New Approaches To Subrogating Asian Manufacturer Claims

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 claims. When a catastrophic fire loss is caused by a defective laptop battery manufactured in…

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DePuy Takes On Subrogation Liens In ASR Hip Mass Tort Settlement: Deadline Approaching

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 the replacement of the joint (ball and socket), but also the “neck” of the femur.…

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