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Workers’ Compensation

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Virginia Workers' Compensation Subrogation

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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Injured Worker

Court Of Appeals Rejects Carrier’s Challenge To Settling Around Workers’ Compensation Lien

Newsletter, Workers' CompensationOctober 18, 2021

Moreci v. Scaffold Solutions, Inc., 2021 WL 4397397 (Calif. App. 2021). A valiant effort by a California workers’ compensation carrier to make it more difficult for an employee to argue employer fault and settle around a workers’ compensation carrier’s statutory…

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Wisconsin State Flag

Wisconsin UM/UIM Carrier Cannot Reduce Payments By Amount of Reimbursed Workers’ Compensation Benefits

Newsletter, Workers' CompensationOctober 14, 2021

Secura Sup. Ins. Co. v. Est. of Huck, 2021 WL 4449249 (Wis. App. 2021). A new Wisconsin Court of Appeals decision has ruled that an uninsured/underinsured (UM/UIM) automobile insurance carrier cannot reduce UM/UIM payments to its insured by the amount…

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Workers Compensation Injury

Which Workers’ Compensation “Benefits” Can Be Subrogated?

Newsletter, Workers' CompensationOctober 7, 2021

Recovery of Case Management Costs, Medical Bill Audit fees, Rehabilitation Benefits, Utilization Review Costs, IME’s, Nurse Case Worker Fees, Attorneys’ Fees, and Other “Allocated” Loss Adjustment Expenses. It’s the question every claims professional and trial attorney claims to know but…

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Hawaii Subrogation Law

Hawaii Workers’ Compensation Subrogation At A Crossroads

Newsletter, Workers' CompensationSeptember 15, 2021

Moranz v. Harbor Mall, LLC, 477 P.3d 179 (Haw. App. 2020), cert. granted, SCWC-17-0000006, 2021 WL 1924134 (Haw. May 13, 2021). We are at the precipice of a potential upheaval in workers’ compensation recovery rights in the Aloha State. The…

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Subrogation Trap

Beware Of Little-Known Workers’ Compensation Lien Waiver Trap In Oregon

Newsletter, Workers' CompensationJuly 29, 2021

A tragic, but all-too-frequent claims handling mistake in Oregon is the inadvertent waiver of a large workers’ compensation lien when the underlying claim is settled through a Claim Disposition Agreement (CDA). On an accepted workers’ compensation claim, the employee and…

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Gavel on Florida Flag

Florida Supreme Court Decision Gives Clue As To Ability Of Workers’ Comp Carrier To Subrogate In Legal Malpractice Cases

Newsletter, Workers' CompensationJune 17, 2021

A new ruling from the Florida Supreme Court may shed some light into ability of a workers’ compensation carrier to seek reimbursement from an employee’s legal malpractice claim against his or her personal injury attorney. In a case that had…

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