Pushing Boulder Up Mountain

The Hard Work of Successful Subrogation

Ancient mythology and the modern practice of subrogation would seem to be strange bedfellows. Yet one story from the past has particular relevance when it comes to the never-ending toil required for aggressive and successful insurance subrogation. Sisyphus was the mythical King of Corinth in south-central Greece. He was a sly and deceitful person and…

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Delaware Flag

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

The Delaware Supreme Court recently affirmed a ruling which constitutes a potentially very dangerous and confusing opinion. Some might read the decision in ACW Corporation v. Maxwell, 2020 WL 678778 (Del. 2020) as a major departure from both the Delaware workers’ compensation subrogation statute and well-established subrogation law, interpreting it as declaring that lump-sum workers’…

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Virginia Made Whole Doctrine

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

An obscure and unpublished circuit court order from Buckingham County, Virginia, is being circulated by trial lawyers across the Old Dominion State for the proposition that a workers’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 amounts it “voluntarily” pays as compensation pursuant to a lump-sum settlement of the workers’ comp…

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