Subrogation

A federal court in Maryland has asked the Maryland Supreme Court to sound off on an issue regarding the apportionment of attorneys’ fees and costs between a workers’ compensation insurance company and an injured employee, following a large third-party settlement. The facts are somewhat unusual (although they shouldn’t be) because in this case, the workers’…

On September 19, 2024, in one of the most pro-subrogation decisions in a generation, the Nevada Supreme Court has overnight turned Nevada into one of the most favorable states for workers’ compensation subrogation. With the stroke of a pen, the court has done the following: Abandoned the “Breen Formula”—which it declared was “unworkable” and “no…

It is said that good judgment comes from experience, but experience comes from bad judgment. This pithy aphorism is generally true in life but is particularly true when a company sees significantly increased workers’ compensation insurance premiums following a serious workers’ compensation claim. The same is true even if the claim was not the employer’s…

The author, Franz Kafka, known for his dark situations which many people relate to, once wrote a very short story about omnipotent power floating just beyond our reach. You go to the city to see the law. Upon arrival outside the law building, there is a guard who says “You may not pass without permission.”…