MWL Successfully Defends Employer Against Third-Party Contribution And Indemnification Litigation In Hawai’i

Matthiesen, Wickert & Lehrer, S.C.’s (“MWL”) team of seasoned litigators continue to assist employers to defy arduous hurdles presented by third-party contribution suits. When faced with a personal injury claim from an injured employee, defendant-tortfeasors can sometimes go on the offensive. Depending on the circumstances, defendants often use third-party complaints to drag employers and their…

Read more

Governor Bullock Sides With Trial Lawyers Over Small Businesses

Montana businesses are learning the hard way the cost of electing a Democrat governor. The Montana legislature represents a solid, common sense, Republican majority which understands the vital role that a business-friendly environment plays in stimulating the real job creators – small businesses. On April 20, 2015, the Legislature passed Senate Bill 288, which made…

Read more

Pennsylvania Supreme Court Weighs In On Carrier’s Right To File Third-Party Action

The ongoing saga in Pennsylvania – colloquially referred to as the “reluctant plaintiff problem” – has perhaps come to an end. Section 671 of Pennsylvania’s Workers’ Compensation Subrogation Statute couldn’t be clearer. It unambiguously states, “…the employer shall be subrogated to the right of the employee.” Section 319 of the Act has appropriately been described…

Read more

WHEN WORLDS COLLIDE: Workers’ Comp Subrogation Of UM Benefits In Louisiana

There is a great deal of confusion in Louisiana regarding whether a workers’ compensation carrier can subrogate against or receive reimbursement from the proceeds of an uninsured or underinsured (UM/UIM) automobile policy. The Louisiana Supreme Court has unequivocally stated that a UM carrier is considered a third person under Louisiana workers’ compensation law. Travelers Ins.…

Read more

District Of Columbia Plans To Limit Time For Compensation Carrier To File Subrogation Suit

On June 27, 2013, the Council of the District of Columbia enacted emergency and temporary legislation resulting in an amendment to § 32-1535 which narrows the window during which a workers’ compensation carrier has to file a third-party action. An injured employee had six months after accepting a workers’ compensation award in which to file…

Read more

Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when it announced that a workers’ compensation carrier has no subrogation/reimbursement rights on the medical portion of a third-party claim against an uninsured/underinsured motorist (UM/UIM) carrier. The Court in Dever…

Read more

Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Texas has historically been a very favorable venue for workers’ compensation subrogation. It has not been without its gray areas. In death cases, when an employee dies and either he and/or his surviving family members have received workers’ compensation benefits, a careful analysis is required in order to determine the subrogation and future credit rights…

Read more

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

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 decried as allowing a workers’ compensation carrier to “force” an employee to accept a settlement…

Read more