New Jersey Flag

New Jersey Supreme Court Confirms That Workers’ Compensation Subrogation Is Not Limited By No-Fault Laws

New Jersey Transit Corp. v. Sanchez, 2020 WL 2374054 (N.J. 2020). On May 12, 2020, the New Jersey Supreme Court answered a long-standing subrogation question regarding whether a workers’ compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey no-fault insurance, even though the employee does not…

Read more
Covid-19 Lady at Desk

California Governor’s Order Creates Presumption COVID-19 Contracted At Work

Workers’ compensation carriers and liability insurers have been in a state of high anxiety regarding the inevitable insurance claims which will result from employees contracting COVID-19 once businesses begin to reopen and employees all return to life as usual. At least in California, insurers received a little clarity in the form of Governor Gavin Newson’s…

Read more
War Hazard Compensation Act

War Hazards Compensation Act Reimbursement Claims

It’s Like Taking Candy from a Very, Very Particular Baby Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal Employment Compensation Act (FECA). 5…

Read more
Monkey Face

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

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 not well understood and is a subject of some confusion in the marketplace. Most frequently,…

Read more
Delaware Flag

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

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 an intermediate appellate court—has issued what constitutes in this author’s opinion one of the top…

Read more