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Workers’ Compensation

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Injured Worker

Court Of Appeals Rejects Carrier’s Challenge To Settling Around Workers’ Compensation Lien

Newsletter, Workers' CompensationOctober 18, 2021

Moreci v. Scaffold Solutions, Inc., 2021 WL 4397397 (Calif. App. 2021). A valiant effort by a California workers’ compensation carrier to make it more difficult for an employee to argue employer fault and settle around a workers’ compensation carrier’s statutory…

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Wisconsin State Flag

Wisconsin UM/UIM Carrier Cannot Reduce Payments By Amount of Reimbursed Workers’ Compensation Benefits

Newsletter, Workers' CompensationOctober 14, 2021

Secura Sup. Ins. Co. v. Est. of Huck, 2021 WL 4449249 (Wis. App. 2021). A new Wisconsin Court of Appeals decision has ruled that an uninsured/underinsured (UM/UIM) automobile insurance carrier cannot reduce UM/UIM payments to its insured by the amount…

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Workers Compensation Injury

Which Workers’ Compensation “Benefits” Can Be Subrogated?

Newsletter, Workers' CompensationOctober 7, 2021

Recovery of Case Management Costs, Medical Bill Audit fees, Rehabilitation Benefits, Utilization Review Costs, IME’s, Nurse Case Worker Fees, Attorneys’ Fees, and Other “Allocated” Loss Adjustment Expenses. It’s the question every claims professional and trial attorney claims to know but…

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Hawaii Subrogation Law

Hawaii Workers’ Compensation Subrogation At A Crossroads

Newsletter, Workers' CompensationSeptember 15, 2021

Moranz v. Harbor Mall, LLC, 477 P.3d 179 (Haw. App. 2020), cert. granted, SCWC-17-0000006, 2021 WL 1924134 (Haw. May 13, 2021). We are at the precipice of a potential upheaval in workers’ compensation recovery rights in the Aloha State. The…

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Subrogation Trap

Beware Of Little-Known Workers’ Compensation Lien Waiver Trap In Oregon

Newsletter, Workers' CompensationJuly 29, 2021

A tragic, but all-too-frequent claims handling mistake in Oregon is the inadvertent waiver of a large workers’ compensation lien when the underlying claim is settled through a Claim Disposition Agreement (CDA). On an accepted workers’ compensation claim, the employee and…

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Gavel on Florida Flag

Florida Supreme Court Decision Gives Clue As To Ability Of Workers’ Comp Carrier To Subrogate In Legal Malpractice Cases

Newsletter, Workers' CompensationJune 17, 2021

A new ruling from the Florida Supreme Court may shed some light into ability of a workers’ compensation carrier to seek reimbursement from an employee’s legal malpractice claim against his or her personal injury attorney. In a case that had…

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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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