On March 4, 1791, Vermont joined the Union as the fourteenth state. It has long prided itself on independence, deliberate policymaking, and a certain laconic New England sensibility. But in the world of workers’ compensation subrogation—where uncertainty can mean millions in lost recovery—Vermont’s traditional caution has left subrogation professionals often waiting decades for answers. One…
It is a tenet of modern workers’ compensation practice that expediency and efficiency in returning an injured employee to work benefits everyone involved. Nowhere is this goal met more directly and effectively than in the securing and utilization of nurse case management services. These professionals coordinate and monitor the medical treatment of injured workers, ensuring…
The Arkansas subrogation landscape is notoriously hostile toward insurance carriers, particularly in the workers’ compensation context. Anchored in a sweeping application of the “Made Whole Doctrine,” Arkansas courts have historically treated subrogated carriers as afterthoughts in the allocation of third-party recovery. However, a recent federal court decision—French v. Amazon.com, Inc.—delivers a long-awaited dose of clarity…
On July 23, 2025, the Iowa Court of Appeals gave us a stark reminder that a deceptively intricate statutory framework governs workers’ compensation subrogation in Iowa, and even seasoned litigators can find themselves ensnared by its procedural pitfalls. In Midwest Builders’ Casualty Mutual Co. v. RP Constructors, LLC, 2025 WL 2057804 (Iowa App. 2025), an…
Workplace violence is an increasingly growing problem in the American workplace as well as in American workers’ compensation law. With more than two million incidents of workplace violence reported annually, the legal implications of such violence are being tested against the outer edges of workers’ compensation protections. In many of these incidents, the employer is…
In Illinois, workers’ compensation insurers are granted a statutory right of subrogation under Section 5(b) of the Illinois Workers’ Compensation Act (820 ILCS 305/5(b)). This section allows the carrier to recover amounts paid as compensation from any third-party tortfeasor. Typically, when an injured employee files a third-party lawsuit, the employer or its workers’ compensation carrier…
Utah’s approach to Personal Injury Protection (PIP) subrogation is an anomaly in American insurance law, presenting a uniquely statutory framework that has bred significant confusion among subrogation professionals over the applicable statute of limitations. Unlike other states that rely on equitable or contractual subrogation principles, Utah has enacted a rigid statutory mechanism for PIP reimbursement…
As a historic and deadly wave of severe weather events continues to batter the U.S. Midwest, the insurance and reinsurance industries are bracing for more than $5 billion in losses, making this one of the most significant natural disaster events of 2025. Tornadoes, torrential rains, flooding, and destructive winds have brought widespread destruction to communities…
In the classic Peter Sellers comedy, “The Pink Panther Strikes Again,” one hilarious scene involves Inspector Clouseau checking into a hotel. He sees a small dog lying on the ground. “Does your dog bite?,” Clouseau asks the man at the desk. The man says no, so Clouseau stoops to pet the dog, who immediately and…
On May 31, 2025, Nevada Governor Joe Lombardo signed into law Senate Bill 258 (SB 258), a bipartisan effort that marks a pivotal turning point in the evolution of workers’ compensation subrogation rights in the Silver State. It also presents a unique approach among all 50 states to resolving the tensions that exist between plaintiff’s…