The ability of a workers’ compensation carrier to subrogate against and/or seek reimbursement from a recovery made from a third-party tortfeasor responsible for causing the employee’s work-related injuries is universally recognized across the country as a major tool for holding down workers’ compensation premiums for large and small businesses and employers. Whether or not this…
In Louisiana, when a company undertakes to execute any work which is a part of its trade, business or occupation, and contracts with any subcontractor for the execution of such work, the company is entitled to the exclusive remedy protection of § 23:1032. The company will be liable to pay workers’ compensation benefits to any such…
It has been seven years since we first published our rankings of the ten best and ten worst states for workers’ compensation subrogation. Since then, case decisions and legislatures have been busy trying to help trial lawyers destroy workers’ compensation subrogation liens in third-party personal injury cases. Therefore, it is time to revisit our rankings…
As is the case in many no-fault states, Delaware employees injured in an automobile accident in the course and scope of employment might be entitled to both workers’ compensation and PIP benefits simultaneously. The Worker’s Compensation Act requires every employer in the state, unless excluded, to provide statutory workers’ compensation benefits to an injured employee.…
On March 23, 2023, the Florida Senate passed a sweeping tort reform bill known as HB 837. The bill was signed into law by Gov. Ron DeSantis the very next day and becomes effective immediately. Some elements of the new bill will apply to all causes of action filed on or after March 24, 2023,…
A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs—frequently involving professional employer organizations (PEO’s) or employee leasing companies. The “gig economy” is the labor market that relies on temporary and part-time positions filled by independent contractors, leased employees, and freelancers, rather than full-time permanent employees. Threading the needle of workers’…
Amy Alexander, et al. v. Nam Duong and Sentinel Insurance Company, Case No. 120,320 (Okla. App. December 2, 2022) Oklahoma’s workers’ compensation laws have endured a long and tortured constitutional tug-of-war between trial lawyers and business advocates/subrogation professionals. In 2011, Oklahoma completely overhauled its workers’ compensation laws, entitling the new legislation the “Workers’ Compensation Code.”[1]…
Hartford Underwriters Ins. Co. v. Allstate Ins. Co., 2022 WL 17491301 (Va. 2022) When two insurance companies or an insurance company and an employer (self-insured for workers’ compensation) enter into Arbitration Forum’s “Special Arbitration Agreement”, the workers’ compensation carrier may proceed in binding arbitration under Arbitration Forum’s Special Arbitration Forum to seek reimbursement and subrogation…
In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical exam (IME) fees, expert fees, functional capacity evaluation charges, rehabilitation benefits, physician advisor fees, behavioral…
In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical exam (IME) fees, expert fees, functional capacity evaluation charges, rehabilitation benefits, physician advisor fees, behavioral…