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

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Monkey Face

Even Monkeys Cannot Explain Why Companies Insist on Workers’ Compensation Waivers of Subrogation Endorsements

Newsletter, Workers' CompensationAugust 21, 2019

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is…

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Delaware Flag

Delaware Workers’ Compensation Subrogation Rights Do Not Extend To PPD and Commutation Benefits

Newsletter, Workers' CompensationJuly 23, 2019

ACW Corporation v. Maxwell, 2019 WL 3024049 (Del. Super. 2019) In what seems like a never-ending assault on an employer’s/carrier’s statutory right of subrogation and reimbursement, a Delaware Superior Court—the state trial court of general jurisdiction which also serves as…

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Fees

Texas Comp Carrier And Subrogation Attorney Sued For Fraud For Including Case Management Fees In Subrogation Lien

Newsletter, Workers' CompensationJuly 10, 2019

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, rehabilitation benefits,…

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Kansas Flag

Kansas Declares Damage Caps Unconstitutional

Newsletter, Workers' CompensationJune 17, 2019

On June 14, 2019, the Kansas Supreme Court issued a landmark decision that changes the landscape of personal injury and workers’ compensation third-party cases. In Hilburn v. Enerpipe Ltd., 2019 WL 2479464 (Kan. 2019), the Court declared K.S.A. § 60-19a02…

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Louisiana Flag

Louisiana Supreme Court Limits Medical Damages for Tort Claimants

Newsletter, Workers' CompensationJune 12, 2019

On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the Collateral Source Rule in personal injury lawsuits. This case will impact workers’ compensation subrogation recoveries in Louisiana by reducing the overall pool of recovery…

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Join MWL For A Complimentary Webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps to Avoid Subrogation Traps”

Newsletter, Workers' CompensationMay 24, 2019

Stephen Smith will present a live MWL webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps To Avoid Subrogation Traps” on June 12, 2019 at 10:00-11:00 a.m. (CDT). Iowa’s workers’ comp statute is perhaps one of the most complicated in the…

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Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Newsletter, Workers' CompensationApril 24, 2019

Texas has historically been a very favorable venue for workers’ compensation subrogation, but it has not been without its gray areas. In death cases, when an employee dies and surviving family members have received workers’ compensation benefits, a careful analysis…

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The Evolution Of Texas Workers’ Compensation Subrogation

Newsletter, Workers' CompensationApril 17, 2019

As a native Texan, I have an interest in Texas history. The history of workers’ compensation subrogation in Texas is as storied as the history of the state itself. The Lone Star State flew the flag of the Kingdom of…

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Sometimes You Need More Than A Handshake: Documenting Waivers of Workers’ Compensation Subrogation Liens and Credits

Newsletter, Workers' CompensationMarch 25, 2019

A recent Pennsylvania federal court decision reminds us all that when settling third-party cases that involve workers’ compensation subrogation interests, it is vitally important to understand all of the steps which are necessary to fully document and enforce any settlement…

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Arizona Supreme Court Applies Nebraska Law In Conflict-Of-Law Case

Newsletter, Workers' CompensationMarch 25, 2019

One year ago, the Arizona Court of Appeals announced that A.R.S. § 23-1023 was not a statute of limitations under Arizona law, with regard to the requirement that an employee must file a third-party action within the first year after…

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