Category Archives: Workers’ Compensation

Workers’ Compensation Subrogation Posts

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

Virginia Trial Judge’s Order Fuels Rumor That Carrier Has No Lien for Lump-Sum Workers’ Compensation Settlement

An obscure and unpublished circuit court order from Buckingham County, Virginia, is being circulated by trial lawyers across the Old Dominion State for the proposition that a workers’ comp carrier is not entitled to subrogation for or reimbursement of any … Learn More

Florida Hospital Liens

Nothing in life is free. The common saying is especially true for medical services. Most states provide hospitals with unique statutory ways of ensuring that they are reimbursed for the services they provide—especially in the case of patients without health … Learn More

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