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Matthiesen, Wickert & Lehrer S.C.
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Workers’ Compensation

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Gig Economy

Subrogation and the Gig Industry: Workers’ Compensation Subrogation, PEO, and Employee Leasing Companies

Newsletter, Workers' CompensationJanuary 9, 2023

A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs—frequently involving professional employer organizations (PEO’s) or employee leasing companies. The “gig economy” is the labor market that relies on temporary and part-time positions filled by independent…

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Oklahoma Court of Appeals

Oklahoma Court of Appeals Rules That Workers’ Compensation Carrier Can Subrogate Death Benefits

Newsletter, Workers' CompensationDecember 28, 2022

Amy Alexander, et al. v. Nam Duong and Sentinel Insurance Company, Case No. 120,320 (Okla. App. December 2, 2022) Oklahoma’s workers’ compensation laws have endured a long and tortured constitutional tug-of-war between trial lawyers and business advocates/subrogation professionals. In 2011,…

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Injured Worker

Virginia Guts Ability Of Workers’ Compensation Carrier To Subrogate Via Special Arbitration

Newsletter, Workers' CompensationDecember 14, 2022

Hartford Underwriters Ins. Co. v. Allstate Ins. Co., 2022 WL 17491301 (Va. 2022) When two insurance companies or an insurance company and an employer (self-insured for workers’ compensation) enter into Arbitration Forum’s “Special Arbitration Agreement”, the workers’ compensation carrier may…

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Nurse Case Management

Oklahoma Opens Door To Recovery Of Nurse Case Management Fees

Newsletter, Workers' CompensationNovember 16, 2022

In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical…

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Workers Compensation Injury

Ohio Court Rules Workers’ Compensation Carrier May Not Seek Subrogation Reimbursement Of Record Review And Medical Report

Newsletter, Workers' CompensationSeptember 21, 2022

In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical…

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Subrogation Settlement

The Importance Of Clarity In Subrogation Stipulations And Agreements

Newsletter, Workers' CompensationJuly 18, 2022

Pulitzer prize winning historian David McCullough once said that “Writing is thinking. To write well is to think clearly. That’s why it is so hard.” When claims adjusters, subrogation professionals, and/or subrogation lawyers document a settlement or stipulation with an…

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Virginia Made Whole Doctrine

Virginia Court Of Appeals Rejects Attempt To Limit Workers’ Compensation Carrier’s Reimbursement To “Like Damages”

Newsletter, Workers' CompensationMay 20, 2022

Stowers v. Georgia Pacific, LLC, 2022 WL 903486 (Va. App. 2022). Trial lawyers in Virginia have been trying for decades to convince that state’s courts to rule that a workers’ compensation carrier is not subrogated to non-economic damages awarded or…

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Alabama State Capital

Alabama Court Of Appeals Denies Workers’ Compensation Subrogation Against Employer’s UM/UIM Policy

Newsletter, Workers' CompensationApril 14, 2022

Ignores Supreme Court Decision Hinting Otherwise O’Brien v. Mobile Pub. Lib., 2022 WL 829245 (Ala. App. 2022). Workers’ compensation subrogation remains an intense struggle between the powers of good and evil; with insurance carriers attempting to preserve their rights to…

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Pennsylvania Subrogation Law

Pennsylvania Reneges Once Again On Social Bargain Of Workers’ Compensation Subrogation

Newsletter, Workers' CompensationMarch 21, 2022

Loftus v. Katrina Decker: Appeal of Eastern Alliance Ins. Group, 2022 WL 711142 (Pa. Super. 2022) A March 10, 2022, Pennsylvania Superior Court appellate decision underscores why the cost of workers’ compensation insurance for small businesses is the highest in…

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Hawaii Subrogation Law

Hawaii Supreme Court Rules In Favor Of Workers’ Compensation Subrogation

Newsletter, Workers' CompensationMarch 18, 2022

Moranz v. Harbor Mall, LLC, 502 P.3d 488 (Haw. 2022) Workers’ compensation carriers doing business in Hawai’i held their collective breathe for 2021 waiting on the Supreme Court to decide whether it would incorporate the common law Made Whole Doctrine…

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