Category Archives: Subrogation

Subrogating Workers’ Compensation Death Benefits In Alabama

Posted by Gary L. Wickert on January 15, 2021

Workers’ compensation subrogation in Alabama isn’t as clear as it might otherwise appear—especially when an employee dies. Alabama’s Survival Statute, § 6-5-462, did not change the common law rule that a cause of action in tort does not survive in … Learn More

Delaware Workers’ Compensation Subrogation Rights Do Not Extend to PPD And Commutation Benefits

Posted by Gary L. Wickert on January 8, 2021

The Delaware Supreme Court recently affirmed a ruling by a Delaware Superior Court which, in this author’s opinion, constitutes a potentially very dangerous and confusing opinion. Some might read the decision in ACW Corporation v. Maxwell, 2020 WL 678778 (Del. … Learn More

Virginia Trial Judge’s Order Fuels Rumor That Carrier Has No Lien for Lump-Sum Workers’ Compensation Settlement

Posted by Gary L. Wickert on December 22, 2020

An obscure and unpublished circuit court order from Buckingham County, Virginia, is being circulated by trial lawyers across the Old Dominion State for the proposition that a workers’ comp carrier is not entitled to subrogation for or reimbursement of any … Learn More

Florida Hospital Liens

Posted by Lee R. Wickert on December 22, 2020

Nothing in life is free. The common saying is especially true for medical services. Most states provide hospitals with unique statutory ways of ensuring that they are reimbursed for the services they provide—especially in the case of patients without health … Learn More

Merry Christmas and Happy New Year!!

Posted by Gary L. Wickert on December 22, 2020

Matthiesen, Wickert & Lehrer 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 … Learn More

The Adventure of Subrogation Investigation

Posted by Lee R. Wickert on December 17, 2020

“Mr. Sherlock Holmes – You could not possibly have come at a better time!” the claims adjuster exclaimed. “This vehicle accident is a typical ‘he said, she said’ situation. Both drivers claim to have had the green light and there … Learn More

Matthiesen, Wickert & Lehrer Welcomes Allen M. Ratkowski To The Firm

Posted by Gary L. Wickert on December 16, 2020

Matthiesen, Wickert & Lehrer, S.C., (“MWL”) is pleased to welcome seasoned trial attorney Allen Ratkowski to the firm as litigation counsel in our Wisconsin office. Al brings with him a wealth of high-exposure litigation experience to bear on MWL’s subrogation … Learn More

Settling Subrogation Claims And The Dreaded Release: Release Language, Indemnity, Hold Harmless, and Other Concerns

Posted by Gary L. Wickert, Lee R. Wickert on November 24, 2020

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” … Learn More

Arizona Court Rules Med Pay Carrier Only Responsible For Paying Reasonable Medical Expenses—Not Amount Billed To Insured

Posted by Mark A. Solomon on November 23, 2020

In the continuing struggle between recovery of medical expenses billed vs. recovery of discounted medical expenses paid by insurers, an Arizona federal court has sounded off on the duty and obligation of a Med Pay carrier with respect to paying … Learn More

Understanding War Hazard Act (WHA) Subrogation Claims

Posted by Gary L. Wickert on November 13, 2020

Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal … Learn More