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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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Kansas Court Of Appeals Underscores Need For Subrogation Counsel In Third-Party Actions

Newsletter, Workers' CompensationJanuary 27, 2017

Heimerman v. Rose, 2017 WL 130123 (Kan. App. 2017) On August 31, 2013, Dan Heimerman was driving in Kansas, while employed by Northern Clearing, Inc., (“Northern”) and was killed when he was rear-ended by a dump truck driven by Zachary…

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Subrogation Featured In “Claims Journal” Column

Newsletter, SubrogationJanuary 23, 2017

It has now been four years since Claims Journal’s online magazine asked Gary Wickert to begin a new monthly column focusing on subrogation and related claims and insurance topics. Gary’s column entitled “The Road To Recovery” can be found HERE.…

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Idaho Supreme Court Prohibits Negligent Employer Or Its Carrier From Subrogating

Newsletter, Workers' CompensationJanuary 19, 2017

The last 40 years have been a roulette wheel of changing opinions and positions for the Idaho Supreme Court with regard to the subrogation and reimbursement rights of an employer or its workers’ compensation carrier when there is employer negligence.…

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The Slippery Slope Of Slip And Fall Cases Involving Snow And Ice

Newsletter, PropertyJanuary 17, 2017

Injury and workers’ compensation cases involving slips and falls on snow and ice during winter in America’s northern states continue to be a perplexing subrogation puzzle for insurance claims and subrogation professionals. During the winter months, our office sees a…

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LIBERTY VERSUS TYRRANY: More States Pass Laws Outlawing Cell Phone Use While Driving

Auto, Med Pay, PIP, Newsletter, PropertyJanuary 11, 2017

Every year, more than 170 billion cell phone texts are sent and received. Each year, an average of 3,000 people die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15…

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¿Dónde Están Mis Beneficios? Workers’ Compensation Claims By Undocumented Employees

Newsletter, Workers' CompensationJanuary 4, 2017

Following an election cycle in which illegal immigration became a touchstone issue, it seems only appropriate that claims handlers and subrogation professionals have a clear understanding of the many nuances involving workers’ compensation claims made by undocumented employees. Indeed, with…

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Pennsylvania Workers’ Compensation Future Credit Applies To Both Indemnity And Medical Benefits

Newsletter, Workers' CompensationDecember 14, 2016

What we once commonly knew to be true is, well, still true. The Commonwealth Court of Pennsylvania (state appellate court which hears appeals from the Workers’ Compensation Appeals Board (W.C.A.B.)) has just issued a decision as to whether an employer’s…

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GONE IN 60 SECONDS: Owner Liability For Damage Caused By Stolen Vehicles

Auto, Med Pay, PIP, NewsletterDecember 13, 2016

Stu Price: We’re in a stolen cop car with what is sure to be a missing child in the back. What part of this is cool? Alan Garner: I think the cop car part is pretty cool. Quote from The…

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Subrogating Christmas

Newsletter, Product Liability, PropertyDecember 13, 2016

One of the classic holiday movies is National Lampoon’s Christmas Vacation, a story about an ordinary family, the Griswolds, who have big Christmas plans that predictably take a turn for the very (funny) worst. One of the memorable scenes from…

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Montana Court Ignores Public Policy Interests Of State Paying Comp Benefits In Conflict-Of-Law Subrogation Decision

Newsletter, Workers' CompensationNovember 28, 2016

Just when you thought that the level of judicial and legislative apathy and/or ignorance with regard to the huge financial benefits of workers’ compensation subrogation for businesses and the economy couldn’t get any higher, the Montana Supreme Court just lowered…

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