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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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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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NO PAY, NO PLAY: What Is It? How Does It Affect Claims Handling?

Auto, Med Pay, PIP, NewsletterNovember 28, 2016

Most states now have mandatory car insurance laws that require all drivers to have some type of insurance. New Hampshire is the last of the 50 states which does not require mandatory automobile liability insurance. Wisconsin was second to last,…

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Waivers Of Subrogation Endorsements Are Like Onions

Newsletter, Workers' CompensationOctober 27, 2016

A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up…

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SUBROGATING HAWAI’I: Navigating The Subrogation Trade Winds In “The Middle Of Nowhere”

Auto, Med Pay, PIP, Newsletter, Property, Workers' CompensationSeptember 29, 2016

Hawai’i. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or…

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SUBROGATION MAGIC: Creating Something Out Of Nothing – Subrogating MCS-90 Endorsements

Newsletter, Transportation and CargoSeptember 29, 2016

In 2010, researchers at the University of Michigan hypothesized that it is theoretically possible to conjure particles from a complete vacuum under the right circumstances. Performing such a feat in the world of subrogation might seem improbable, but subrogation theory…

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SALES AND USE TAXES ON SUBROGATION SERVICES: Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii

Newsletter, SubrogationSeptember 28, 2016

As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of imposing a tax on professional services, whether as a sales tax (including…

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Connecticut Supreme Court Grants Workers’ Compensation Carrier Right To File Third-Party Action

Newsletter, Workers' CompensationSeptember 26, 2016

Until recently, Connecticut’s Workers’ Compensation Subrogation Statute, § 31-293, labored under the judicial interpretation by which an employer was allowed to file a third-party action, but its workers’ compensation carrier was not. Subrogated carriers had to hope that the employee…

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PO Box 270670
Hartford, WI 53027

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Hingham, MA 02043

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