Category Archives: Workers’ Compensation

Workers’ Compensation Subrogation Posts

Illinois Supreme Court Opens Door To Employee Intervention After Statute of Limitations Runs

The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ compensation carrier, even after the personal injury Statute of Limitations (“SOL”) runs. In … Learn More

New Jersey Court Confirms Workers’ Comp Carrier Can Subrogate Against No-Fault Driver

A recent New Jersey Superior Court Appellate Division decision has ostensibly settled a long-standing subrogation question with regard to whether a worker’s compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey … Learn More

New York Court Confirms Strength Of Workers’ Compensation Carrier’s Subrogation Lien

Subrogation professionals are duty-bound to maximize a workers’ compensation subrogation recovery for a workers’ compensation carrier and its insured employer, who is eager to maintain a favorable experience rating. They dream about claims in which they demand 100% of a … Learn More

Iowa Workers’ Compensation Subrogation: Simple Steps To Avoid Subrogation Traps

Iowa seems like a very simple state for workers’ compensation subrogation. Subrogation rights are set forth in a single statute – I.C.A. § 85.22. It provides that either the employee or employer can file a third-party action. When the third-party … Learn More

Hector Salitrero To Present NASP Webinar On Overcoming Obstacles to Workers’ Compensation Recovery

Hector Salitrero, managing partner of Matthiesen, Wickert & Lehrer, S.C.’s California office, will present a NASP webinar on Overcoming Obstacles to Workers’ Compensation Recovery on October 9, 2018 at 1 p.m. (EST). This webinar will help you understand, and hopefully avoid, some of … Learn More

Arizona Reverses Itself On Post-Settlement Trials

Work Comp Third-Party Settlement Not Subject to Aitken Reduction In Arizona, a workers’ compensation carrier’s statutory lien under § 23–1023 is subject to being reduced if an employer is found to be negligent by a jury. In Aitken v. Indus. … Learn More

Subrogation Adjusters Can Now Sign Texas Medical Expense Affidavits

A generation ago, subrogation professionals were almost unheard of. Over the years, however, as prudent businesses and insurance companies began to insist on their statutory and contractual rights of subrogation, the profession has grown. On February 8, 2018, the Texas … Learn More

Future Credit In Pennsylvania Workers’ Compensation Third-Party Recovery Applies Only To Indemnity Benefits—Not Medical Benefits

A long-standing controversy in Pennsylvania workers’ compensation subrogation has been resolved—and resolved in a manner most unfriendly to Pennsylvania small businesses and the entire workers’ compensation industry. On June 19, 2018, the Pennsylvania Supreme Court hung their hat on a … Learn More

Settling Workers’ Compensation Subrogation Claims Independent of Employees’ Claims

Aggressive subrogation practitioners always look for short cuts. Ours is an industry in which the “bottom line” means the difference between success and failure. If a workers’ compensation subrogation claim can be resolved quickly—even before the employee settles the third-party … Learn More

Understanding The Effect Of Experience Modifiers On Workers’ Compensation Insurance Premiums

It is said that good judgment comes from experience, but experience comes from bad judgment. That pithy aphorism is generally true in life, but is particularly true when a company sees significantly increased workers’ compensation insurance premiums following a serious workers’ compensation claim. … Learn More