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

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The Unresolved Pitfalls of Employer Negligence in a California Workers’ Comp Subrogation Case

Newsletter, Workers' CompensationMay 25, 2021

Understanding the nuances of the somewhat complicated and confusing subrogation law in California is instrumental in formulating the right decision when it comes to protecting your workers’ compensation subrogation interests. California workers’ compensation subrogation requires both an in-depth knowledge of…

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Work Injury Sign

The Rise And Fall Of Workers’ Compensation Premiums

Newsletter, Workers' CompensationMay 14, 2021

Employers Fight Losing Battle Against Tortfeasors Who Cause Premium Increases Workers’ compensation insurance premiums seem to know only one direction – up. On average, premiums rise approximately 5% annually; more, if an insured has experienced significant losses. For many corporate…

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Webinar on Laptop

Join MWL for a Free Webinar on Advanced Concepts of California Workers’ Comp Subrogation

Newsletter, Workers' CompensationApril 30, 2021

Katherine A. Sandoval will be presenting a MWL webinar on Advanced Concepts of California Workers’ Compensation Subrogation on May 11, 2021 from 11:00 to 12:00 p.m. (CDT). There are very few areas in which the law of each individual state vary…

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Health Insurance

THE BUCK STOPS THERE: Health Plan Lien Reimbursement From Workers’ Compensation Claims

Newsletter, Workers' CompensationMarch 17, 2021

Health insurance subrogation involves much more than simply making demands on negligent tortfeasors. Coordination of Benefits (COB) is a subset of health Plan subrogation. It primarily concerns itself with situations where two different health Plans, or a health Plan and…

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Webinar on Laptop

Join MWL for a Webinar on Introduction to California Workers’ Compensation Subrogation

Newsletter, Workers' CompensationFebruary 22, 2021

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…

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Alabama State Flag

Subrogating Workers’ Compensation Death Benefits In Alabama

Newsletter, Workers' CompensationJanuary 15, 2021

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…

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Delaware Flag

Delaware Workers’ Compensation Subrogation Rights Do Not Extend to PPD And Commutation Benefits

Newsletter, Workers' CompensationJanuary 8, 2021

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…

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

Newsletter, Workers' CompensationDecember 22, 2020

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…

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Florida Hospital Liens

Newsletter, Workers' CompensationDecember 22, 2020

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…

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Marshall Colorado Wildfire

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

Newsletter, Workers' CompensationNovember 24, 2020

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.”…

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