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,…
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…
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.
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…
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…
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…
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…
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…
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…
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…