Category Archives: Workers’ Compensation

Workers’ Compensation Subrogation Posts

New Jersey Supreme Court Confirms That Workers’ Compensation Subrogation Is Not Limited By No-Fault Laws

Posted by Gary L. Wickert on June 30, 2020

New Jersey Transit Corp. v. Sanchez, 2020 WL 2374054 (N.J. 2020). On May 12, 2020, the New Jersey Supreme Court answered a long-standing subrogation question regarding whether a workers’ compensation carrier is entitled to subrogation and/or reimbursement from a third-party … Learn More

Avoid Standing In The California Intervention Line

Posted by Katherine A. Sandoval on June 17, 2020

When a person applies for college, there is a possibility of receiving one of three letters: admitted, wait-listed, or rejected. It is nice to know either way if you are accepted, but what about “wait-listed”? You are not yet accepted, … Learn More

California Governor’s Order Creates Presumption COVID-19 Contracted At Work

Posted by Katherine A. Sandoval on May 14, 2020

Workers’ compensation carriers and liability insurers have been in a state of high anxiety regarding the inevitable insurance claims which will result from employees contracting COVID-19 once businesses begin to reopen and employees all return to life as usual. At … Learn More

IF IT SEEMS TOO GOOD TO BE TRUE: The Problem With Cut-Rate Subrogation Vendors

Posted by Gary L. Wickert on April 30, 2020

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit … Learn More

Workers’ Compensation Claims Pertaining to the Coronavirus (COVID-19)

Posted on March 20, 2020

The chances of contracting the Coronavirus (also called “COVID-19”) are slim, but the number of those infected is increasing daily. It is only a matter of time before a worker contracts COVID-19 through their place of employment (i.e., a doctor, … Learn More

When Employees Work From Home: Workers Compensation and the Remote Employee

Posted by Gary L. Wickert on March 17, 2020

When employees work remotely from home or other locations, the normal rules of course and scope can become complicated and confusing. The same is true of subrogation potential. When the employee is injured in their home, subrogation targets tend to … Learn More

Employer Immunity And Other Urban Legends

Posted by Gary L. Wickert on December 13, 2019

Maryland Court Confuses Wisconsin Exclusive Remedy Rule For years now, lawyers, judges, and even courts in other states have been confused over the Exclusive Remedy Rule that exists here in Wisconsin. A clear example is the 1994 decision by the … Learn More

War Hazards Compensation Act Reimbursement Claims

Posted by Gary L. Wickert on September 27, 2019

It’s Like Taking Candy from a Very, Very Particular Baby Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation … Learn More

Zen And The Art Of Hospital Lien Maintenance

Posted by Gary L. Wickert, Mark A. Solomon on September 16, 2019

Understanding Hospital Liens in All 50 States The advent, development, and implementation of hospital and health care provider lien laws in the U.S. is a subject which has permeated civil litigation and personal injury law. Simply put, a hospital or … Learn More

Even Monkeys Cannot Explain Why Companies Insist on Workers’ Compensation Waivers of Subrogation Endorsements

Posted by Gary L. Wickert on August 21, 2019

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is … Learn More