Category Archives: Workers’ Compensation

Workers’ Compensation Subrogation Posts

War Hazards Compensation Act Reimbursement Claims

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

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

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

Delaware Workers’ Compensation Subrogation Rights Do Not Extend To PPD and Commutation Benefits

ACW Corporation v. Maxwell, 2019 WL 3024049 (Del. Super. 2019) In what seems like a never-ending assault on an employer’s/carrier’s statutory right of subrogation and reimbursement, a Delaware Superior Court—the state trial court of general jurisdiction which also serves as … Learn More

Texas Comp Carrier And Subrogation Attorney Sued For Fraud For Including Case Management Fees In Subrogation Lien

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, rehabilitation benefits, … Learn More

Kansas Declares Damage Caps Unconstitutional

On June 14, 2019, the Kansas Supreme Court issued a landmark decision that changes the landscape of personal injury and workers’ compensation third-party cases. In Hilburn v. Enerpipe Ltd., 2019 WL 2479464 (Kan. 2019), the Court declared K.S.A. § 60-19a02 … Learn More

Louisiana Supreme Court Limits Medical Damages for Tort Claimants

On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the Collateral Source Rule in personal injury lawsuits. This case will impact workers’ compensation subrogation recoveries in Louisiana by reducing the overall pool of recovery … Learn More

Join MWL For A Complimentary Webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps to Avoid Subrogation Traps”

Stephen Smith will present a live MWL webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps To Avoid Subrogation Traps” on June 12, 2019 at 10:00-11:00 a.m. (CDT). Iowa’s workers’ comp statute is perhaps one of the most complicated in the … Learn More

Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Texas has historically been a very favorable venue for workers’ compensation subrogation, but it has not been without its gray areas. In death cases, when an employee dies and surviving family members have received workers’ compensation benefits, a careful analysis … Learn More

The Evolution Of Texas Workers’ Compensation Subrogation

As a native Texan, I have an interest in Texas history. The history of workers’ compensation subrogation in Texas is as storied as the history of the state itself. The Lone Star State flew the flag of the Kingdom of … Learn More