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Matthiesen, Wickert & Lehrer S.C.
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Workers’ Compensation

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The Ten Best And Ten Worst States For Subrogating Workers’ Compensation

Newsletter, Subrogation, Workers' CompensationMay 27, 2016

It actually makes very little legal sense and for all intents and purposes is fundamentally antithetical to a free market, capitalist society. Its underpinnings can be traced to Germany’s Second Reich and its Prime Minister, Otto Von Bismarck. It has…

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Isn’t That Special? Arbitration Of Comp Lien May Save Fees/Costs

Newsletter, Workers' CompensationMay 26, 2016

Virginia Court of Appeals Defies Trial Lawyers Association The Virginia Court of Appeals just gave a big boost in the arm to Special Arbitration of workers’ compensation liens. Article First (Compulsory Provisions) of the Special Rules and Regulations (revised January…

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Nebraska Court Of Appeals Neuters Workers’ Compensation Subrogation Statute

Newsletter, Subrogation, Workers' CompensationMarch 31, 2016

Ignorance of the law is no excuse – unless you’re the Nebraska Court of Appeals. On March 8, 2016, the Court, in perhaps one of the most illogical and biased decisions in many years, held that a trial court can…

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Oklahoma Option Flagged As Unconstitutional

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationMarch 23, 2016

In the 1970s, the Oklahoma Sooners’ NCAA football team successfully began implementing a new offensive system known as the “option offense.” Sooner Coach Barry Switzer has been credited by many for having perfected the use of the wishbone offense, a…

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Massachusetts Supreme Court Ignores Clear Wording of Workers’ Compensation Subrogation Statute and Intent of Legislature

Newsletter, Subrogation, Workers' CompensationFebruary 29, 2016

Since 1939, § 15 has provided that a workers’ compensation carrier receives first priority recovery from a third-party settlement or judgment. In particular, it provides that “the sum recovered” in the third-party action (also defined as the “gross sum received…

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Georgia Supreme Court Issues Major Comp Subrogation Apportionment Decision

Newsletter, Subrogation, Workers' CompensationJanuary 28, 2016

Just when you thought workers’ compensation subrogation in this country’s most difficult state could not get any more difficult, it does. In Zaldivar v. Prickett, 774 S.E.2d 688 (Ga. 2015), Prickett sued Zaldivar for injuries resulting from a 2009 work-related…

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Georgia Supreme Court Allows Employer Negligence To Reduce Employee’s Recovery In Third-Party Actions

Newsletter, Subrogation, Workers' CompensationDecember 3, 2015

A new Georgia Supreme Court decision has made it easier to defend third-party tort actions involving injured employees by reducing the recoveries when employer negligence contributes the work-related injury. Walker v. Tensor Mach., Ltd., 2015 WL 7135149 (Ga. 2015). Jock…

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PUTTING THE CART BEFORE THE HORSE: Amendment Proposed To Massachusetts’ Workers’ Compensation Subrogation Statute in Response to Judicial Activism

Newsletter, Subrogation, Workers' CompensationNovember 24, 2015

In the normal course of American jurisprudence, legislation is passed and courts decide cases according to the laws that have been passed. It seems that in Massachusetts, they have it backwards. Section 15 of the Massachusetts’ Workers’ Compensation Act provides…

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Four Extra Years To File Your Minnesota Subrogation Claims

Auto, Med Pay, PIP, ERISA and Health Insurance, Newsletter, Product Liability, Property, Subrogation, Workers' CompensationOctober 26, 2015

We receive many questions from clients regarding Minnesota subrogation claims, including relevant statutes of limitations. One of the most frequent questions I receive has to do with the Minnesota statute of limitations for personal injury actions. For subrogation professionals outside…

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Care Required When Drafting Workers’ Compensation Claim Settlements In Arizona

Newsletter, Subrogation, Workers' CompensationSeptember 28, 2015

It is said that compromise is the best and cheapest lawyer. Workers’ compensation claim’s handlers depend on compromise in their handling of disputed compensation claims. Recently, however, we have seen a growing number of our clients settling workers’ compensation claims…

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