Illinois Supreme Court Opens Door To Employee Intervention After Statute of Limitations Runs

The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ compensation carrier, even after the personal injury Statute of Limitations (“SOL”) runs. In A & R Janitorial v. Pepper Construction Company, 2018 WL 123220 (Ill. 2018), an employee…

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New Jersey Court Confirms Workers’ Comp Carrier Can Subrogate Against No-Fault Driver

A recent New Jersey Superior Court Appellate Division decision has ostensibly settled a long-standing subrogation question with regard to whether a worker’s compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey no-fault insurance, even though the employee does not otherwise meet the verbal threshold allowing him…

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New York Court Confirms Strength Of Workers’ Compensation Carrier’s Subrogation Lien

Subrogation professionals are duty-bound to maximize a workers’ compensation subrogation recovery for a workers’ compensation carrier and its insured employer, who is eager to maintain a favorable experience rating. They dream about claims in which they demand 100% of a policy limits third-party recovery, not because they wish the employee ill-will, but because they have…

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Trucking Subrogation And The MCS-90 Endorsement

The MCS-90 Endorsement is an endorsement that is found in insurance policies issued to trucking companies operating interstate. This endorsement allows the trucking company to comply with certain government mandated public financial responsibility regulations. Specifically, the federal government mandates that trucking companies operating interstate comply with their financial responsibility obligations by having an insurance policy…

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WHY DID THE PLAINTIFF CROSS THE ROAD? Understanding Pedestrian and Crosswalk Laws in All 50 States

Every year approximately 76,000 pedestrians suffer injuries when they are struck by a moving vehicle. Beginning in 2016, America experienced a significant increase in the number of pedestrian fatalities, and in 2017 alone, there were nearly 6,000 pedestrian deaths in the U.S. Five states alone account for 43% of all pedestrian deaths—California, Florida, Texas, New…

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