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

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Tennessee Denies Recovery Of Nurse Case Management Fees By Workers’ Compensation Carrier

Newsletter, Workers' CompensationMarch 15, 2019

Another state has been heard from. The growing outcry for direction over whether case management fees can be recovered by a subrogated workers’ compensation carrier has in many respects been as daunting and elusive as the search for the Holy…

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Texas Supreme Court Enforces Waiver Of Subrogation Endorsement And Disallows Reference To Extrinsic Contracts

Newsletter, Workers' CompensationFebruary 28, 2019

On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review granted…

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Pennsylvania Supreme Court Destroys Compensation Carrier’s Ability To Initiate Filing Of Third-Party Action

Newsletter, Workers' CompensationFebruary 8, 2019

A long-standing political tug-of-war over whether a workers’ compensation carrier can initiate a third-party subrogation lawsuit and protect its subrogation rights under § 319 has ended with a disappointing Supreme Court decision. On November 21, 2018, the Pennsylvania Supreme Court…

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Minnesota Clarifies Third-Party Allocation Procedure When The Employer Is Negligent

Newsletter, Workers' CompensationFebruary 6, 2019

The Minnesota Court of Appeals has confirmed how a third-party tort recovery is to be apportioned procedurally when the employer is found to be comparatively at fault. The confusing state of affairs in Minnesota has undergone some changes in recent…

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Texas Workers’ Compensation Subrogation Dealt Blow

Newsletter, Workers' CompensationJanuary 15, 2019

On January 11, 2019, the Texas Court of Appeals issued an opinion which will have a profound effect on workers’ compensation subrogation in Texas. In New Hampshire Insurance Company v. Rodriguez, 2019 WL 168482 (Tex. App. 2019), the court announced…

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

Newsletter, Workers' CompensationDecember 12, 2018

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…

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

Newsletter, Workers' CompensationDecember 11, 2018

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…

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

Newsletter, Workers' CompensationNovember 27, 2018

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…

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

Newsletter, Workers' CompensationOctober 30, 2018

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…

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

Newsletter, Workers' CompensationOctober 4, 2018

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…

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