Category Archives: Workers’ Compensation

Workers’ Compensation Subrogation Posts

Settling Subrogation Claims And The Dreaded Release: Release Language, Indemnity, Hold Harmless, and Other Concerns

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” … Learn More

Understanding War Hazard Act (WHA) Subrogation Claims

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 Programs administers this Act, just as it does the Federal … Learn More

Arkansas Penalizes Workers’ Comp Carriers For Asserting Their Statutory Right Of Subrogation

When it comes to the apparent evils of workers’ compensation subrogation, the state of Arkansas truly believes that all an injured employee ever wants is a fair advantage. In Liberty Mutual Ins. Co. v. Youngblood, 2020 WL 5542443 (Ark. App. … Learn More

OCIPs, CCIPs, and Wrap-Up Insurance: The Lesser-Known Subrogation Obstacles

Workers’ compensation subrogation has another growing adversary—one that can slip in during the cover of night, gutting subrogation, and reimbursement rights, even after an insurance company or third-party administrator has spent thousands of dollars in recovery efforts. It is known … Learn More

Subrogating Employees’ Intentional Act Damage Recoveries From An Employer Or Co-Employee

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits … Learn More

Kansas Decision Reveals Danger of Not Intervening In Workers’ Compensation Third-Party Litigation

Kansas Decision Introduces Concept of “Statutory Deficit”. The Kansas Court of Appeals is holding class on why it is important to have subrogation counsel in workers’ compensation subrogation third-party cases – even in states which are favorable to carriers. In … Learn More

New Jersey Says Workers’ Comp Carrier Gets Reimbursed Before Self-Insured Employer

City of Asbury Park v. Star Insurance Company, 2020 WL 3493526 (N.J. 2020). Large deductible workers’ compensation programs and policies with large self-insured retentions (SIR) were first introduced to the American insurance industry in the late 1980s with limited deductible … Learn More

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

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

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

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