Category Archives: Subrogation

The Evolution Of Texas Workers’ Compensation Subrogation

Posted by Lee R. Wickert on April 17, 2019

The history of workers’ compensation subrogation in Texas is as storied as the history of the state itself. The Lone Star State flew the flag of the Kingdom of Spain from 1685 until 1821, leaving a legacy that remains to … Learn More

Matthiesen, Wickert & Lehrer’s New Orleans Office Celebrates Five Years

Posted by Gary L. Wickert on March 28, 2019

We are pleased to announce that this month our New Orleans branch office celebrated its five year anniversary with our firm. The Louisiana office is overseen by MWL partner, Jim Busenlener. Jim is a 1993 graduate of Tulane University in … Learn More

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

Posted by Gary L. Wickert on March 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 … Learn More

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

Posted by Gary L. Wickert on March 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 … Learn More

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

Posted by Gary L. Wickert on March 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 … Learn More

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

Posted by Gary L. Wickert on March 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 … Learn More

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

Posted by Lee R. Wickert on February 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 … Learn More

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

Posted by Gary L. Wickert on February 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 … Learn More

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

Posted by Gary L. Wickert on February 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 … Learn More

“Matching Regulations” Affecting Homeowners’ Insurance Claims

Posted by Gary L. Wickert on February 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 … Learn More