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

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Wisconsin Supreme Court Confirms Carrier’s “Equal Voice” In Third-Party Litigation

Newsletter, Subrogation, Workers' CompensationJuly 28, 2014

Trial lawyers are already calling it a “travesty of justice” and I gave two media interviews about its significance within two hours of the decision being published. The truth is, however, the new Wisconsin Supreme Court case which is being…

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Arizona Adds Assignment Language To Workers’ Comp Statute (Again)

Newsletter, Subrogation, Workers' CompensationJune 27, 2014

Earlier this year, the Arizona Court of Appeals essentially rewrote § 23-1023, Arizona’s workers’ compensation subrogation statute. Prior to its amendment in 2007, this statute provided that the injured employee had only one year after a cause of action accrued…

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Subrogating Longshore Payments Against Jones Act Recoveries

Maritime and Admiralty, Newsletter, Subrogation, Workers' CompensationJune 27, 2014

A recent decision by the 5th Circuit Court of Appeals has dramatically expanded a longshore harbor workers’ compensation carrier’s rights of subrogation in Jones Act cases. The Chenevert v. Travelers Indemnity Co., 2014 WL 902873 (5th Cir. 2014) decision declares…

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Carrier Reimbursement Under War Hazards Compensation Act

Maritime and Admiralty, Newsletter, Subrogation, Workers' CompensationJune 27, 2014

My oldest son was recently in Afghanistan as a civilian contractor with Army and Air Force Exchange Service (AAFES). He is one of tens of thousands of employees of civilian contractors working overseas and subject to workers’ compensation under the…

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Ohio Court Of Appeals Splits Hairs To Bar Workers’ Comp Subrogation Third-Party Action

Newsletter, Subrogation, Workers' CompensationMay 28, 2014

Ohio Bureau of Workers’ Comp. v. Shaffer, 2013 WL 5636299 (Ohio App. 2013) Trial lawyers have a stranglehold on Ohio subrogation. Workers’ compensation subrogation in Ohio has gone through major transformations since it was ruled unconstitutional in 2001. Although subrogation…

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PIP Subrogation/Reimbursement From Workers’ Comp Carrier In Pennsylvania

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationMay 27, 2014

Personal Injury Protection (PIP) coverage is mandatory in Pennsylvania. Due to Pennsylvania being an optional or “choice” no-fault state, insureds must choose between “full tort” and “limited tort” options, and PIP coverage must be provided. Pennsylvania, New Jersey, and Kentucky…

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Understanding Pennsylvania’s Statutory Employer Defense

Construction Defect, Newsletter, Property, Subrogation, Workers' CompensationApril 15, 2014

Abraham Lincoln once said, “The best way to get a bad law repealed is to enforce it strictly.” When and whether an injured employee can sue an owner or subcontractor for a work-related injury in Pennsylvania has been a matter…

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Confusion Surrounds Arizona Court of Appeals’ Opinion on Workers’ Compensation Statute Amendment

Newsletter, Subrogation, Workers' CompensationFebruary 20, 2014

Third-Party Cause Of Action No Longer Automatically Assigned To Employee After One Year In a mysterious legal sleight of hand that would make David Copperfield envious, the Arizona Court of Appeals has reinvented the English language by making it possible…

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Subrogation And The “Oklahoma Option”

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationNovember 22, 2013

Drastic Re-Write of Comp Law Provides New Subrogation Options In the 1970s, the Oklahoma Sooners’ 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…

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Subrogation and the Hold-Harmless Release

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationNovember 21, 2013

It is said that releases and settlement agreements “use a hundred words when ten would do” and there is a good reason for that. Those drafting the release want to include as much as possible within the future protections, claims…

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