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Subrogation

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Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Newsletter, Subrogation, Workers' CompensationJuly 28, 2014

Texas has historically been a very favorable venue for workers’ compensation subrogation. It has not been without its gray areas. In death cases, when an employee dies and either he and/or his surviving family members have received workers’ compensation benefits,…

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Wisconsin Supreme Court Confirms Carrier’s “Equal Voice” In Third-Party Litigation

Newsletter, Subrogation, Workers' CompensationJuly 28, 2014

Trial lawyers are already calling it a “travesty of justice” and I gave two media interviews about its significance within two hours of the decision being published. The truth is, however, the new Wisconsin Supreme Court case which is being…

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Gary Wickert Interviewed By Chicago Tribune For Article on Subrogating Claims Involving Floods

Announcements, Property, SubrogationJuly 8, 2014

Gary Wickert’s was interviewed by the Chicago Tribune for an article published on May 14, 2014 entitled “Insurers Sue Chicago-Area Towns In A Bid To Get Flood Money Saying Municipalities Should’ve Done More Against Flooding”. Read the full article HERE.

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Gary Wickert’s Article Published in American Educational Institute’s Spring 2014 Law Update

Announcements, SubrogationJuly 8, 2014

Gary Wickert’s article entitled “Gathering Pebbles: Subrogation’s Burden of Proof” was published in the American Educational Institute’s (AEI) Spring 2014 Claims Law Update, which can be viewed HERE. Gary will be speaking at this year’s SCLA Claims Education Conference in…

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Arizona Adds Assignment Language To Workers’ Comp Statute (Again)

Newsletter, Subrogation, Workers' CompensationJune 27, 2014

Earlier this year, the Arizona Court of Appeals essentially rewrote § 23-1023, Arizona’s workers’ compensation subrogation statute. Prior to its amendment in 2007, this statute provided that the injured employee had only one year after a cause of action accrued…

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Subrogating Longshore Payments Against Jones Act Recoveries

Maritime and Admiralty, Newsletter, Subrogation, Workers' CompensationJune 27, 2014

A recent decision by the 5th Circuit Court of Appeals has dramatically expanded a longshore harbor workers’ compensation carrier’s rights of subrogation in Jones Act cases. The Chenevert v. Travelers Indemnity Co., 2014 WL 902873 (5th Cir. 2014) decision declares…

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Carrier Reimbursement Under War Hazards Compensation Act

Maritime and Admiralty, Newsletter, Subrogation, Workers' CompensationJune 27, 2014

My oldest son was recently in Afghanistan as a civilian contractor with Army and Air Force Exchange Service (AAFES). He is one of tens of thousands of employees of civilian contractors working overseas and subject to workers’ compensation under the…

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Health Insurance Subrogation In The Age Of Obamacare

ERISA and Health Insurance, NewsletterMay 28, 2014

Health insurers and health insurance professionals can close their eyes and hope that the so-called Patient Protection and Affordable Care Act (ACA) becomes a distant memory in their rear-view mirror, but the truth is that for now, it is the…

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Ohio Court Of Appeals Splits Hairs To Bar Workers’ Comp Subrogation Third-Party Action

Newsletter, Subrogation, Workers' CompensationMay 28, 2014

Ohio Bureau of Workers’ Comp. v. Shaffer, 2013 WL 5636299 (Ohio App. 2013) Trial lawyers have a stranglehold on Ohio subrogation. Workers’ compensation subrogation in Ohio has gone through major transformations since it was ruled unconstitutional in 2001. Although subrogation…

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Illinois Applies Common Fund Doctrine To Med Pay Set-Off

Auto, Med Pay, PIP, Newsletter, SubrogationMay 27, 2014

In one of last year’s most questionable court decisions, a sharply-divided Illinois Court of Appeals has held that the Common Fund Doctrine applies to Med Pay set-offs. In Scheppler v. Pyle, 2013 IL App. (3d) 110380-U (Ill. App. 2013), Peggy…

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