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

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 more than 11 million such immigrants living and working in the country according to the…

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

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 future credit rights under § 319 of the Pennsylvania Workers’ Compensation Act extend beyond indemnity…

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Subrogating Christmas

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 the movie involves the home decoration skills of the family patriarch, Clark Griswold:      Aunt…

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

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 the bar even further. In a decision which will effectively increase the cost of doing business…

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

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 ethnic group constituting a majority and a continuing effort underway to create a separate region…

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