Category Archives: Workers’ Compensation

Workers’ Compensation Subrogation Posts

Hawaii Workers’ Compensation Subrogation At A Crossroads

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 … Learn More

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

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 … Learn More

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

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 … Learn More

The Unresolved Pitfalls of Employer Negligence in a California Workers’ Comp Subrogation Case

Understanding the nuances of the somewhat complicated and confusing subrogation law in California is instrumental in formulating the right decision when it comes to protecting your workers’ compensation subrogation interests. California workers’ compensation subrogation requires both an in-depth knowledge of … Learn More

The Rise And Fall Of Workers’ Compensation Premiums

Employers Fight Losing Battle Against Tortfeasors Who Cause Premium Increases Workers’ compensation insurance premiums seem to know only one direction – up. On average, premiums rise approximately 5% annually; more, if an insured has experienced significant losses. For many corporate … Learn More

Join MWL for a Free Webinar on Advanced Concepts of California Workers’ Comp Subrogation

Katherine A. Sandoval will be presenting a MWL webinar on Advanced Concepts of California Workers’ Compensation Subrogation on May 11, 2021 from 11:00 to 12:00 p.m. (CDT). There are very few areas in which the law of each individual state vary … Learn More

THE BUCK STOPS THERE: Health Plan Lien Reimbursement From Workers’ Compensation Claims

Health insurance subrogation involves much more than simply making demands on negligent tortfeasors. Coordination of Benefits (COB) is a subset of health Plan subrogation. It primarily concerns itself with situations where two different health Plans, or a health Plan and … Learn More

Join MWL for a Webinar on Introduction to California Workers’ Compensation Subrogation

Katherine A. Sandoval will be presenting a MWL webinar on Introduction to California Workers’ Compensation Subrogation on April 14, 2021 from 11:00 to 12:30 p.m. (CDT). There are very few areas in which the law of each individual state vary … Learn More

Subrogating Workers’ Compensation Death Benefits In Alabama

Workers’ compensation subrogation in Alabama isn’t as clear as it might otherwise appear—especially when an employee dies. Alabama’s Survival Statute, § 6-5-462, did not change the common law rule that a cause of action in tort does not survive in … Learn More

Delaware Workers’ Compensation Subrogation Rights Do Not Extend to PPD And Commutation Benefits

The Delaware Supreme Court recently affirmed a ruling which constitutes a potentially very dangerous and confusing opinion. Some might read the decision in ACW Corporation v. Maxwell, 2020 WL 678778 (Del. 2020) as a major departure from both the Delaware … Learn More