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

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New Jersey Supreme Court Strikes Down Pre-Injury Waiver Of Third-Party Rights By Employee

Newsletter, Workers' CompensationDecember 15, 2017

On December 11, 2017, the New Jersey Supreme Court handed injured employees and struggling small businesses in New Jersey a huge victory. In Vitale v. Schering-Plough Corp., A-20-16; 078294 (N.J. December 11, 2017), the Court of Appeals affirmed a trial…

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Opioid Pain Treatment Addiction Costs Workers’ Compensation Carriers And Health Insurers Billions

Newsletter, Workers' CompensationNovember 21, 2017

Insurers Seek Reimbursement for the High Cost of Opioid Addictions Big Pharma is having a Big Tobacco moment. Since 1999, the number of prescription opioids sold in America has almost quadrupled. Over the same period, prescription opioid deaths have more than…

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Is Waiver Of Third-Party Rights By Employee Enforceable?

Newsletter, Workers' CompensationSeptember 27, 2017

There is seemingly no end to the attacks on a workers’ compensation carrier’s rights of subrogation and reimbursement when a third-party is liable for a work-related injury. In New Jersey, however, the Supreme Court will soon be deciding whether even the…

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Arizona Allows Court To Reduce Workers’ Compensation Lien On Third-Party Settlement Due To Employer Fault

Newsletter, Workers' CompensationSeptember 12, 2017

In May 2016, we published an article listing the ten best and the ten worst states for subrogating workers’ compensation. Arizona was near the top because it didn’t allow reduction of the carrier’s lien for attorneys’ fees and provided for…

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The “Domtar Paper” Chase Continues

Newsletter, Workers' CompensationAugust 21, 2017

It seems that there are no lengths parties won’t go to in order to destroy what they perceive as the evil known as “subrogation.” Workers’ compensation subrogation professionals in Pennsylvania are familiar with the saga of the Domtar case, which…

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North Dakota Fights Back Against Workers’ Compensation Subrogation Obstacles In Anti-Subrogation States

Newsletter, Workers' CompensationJuly 26, 2017

Plaintiff-friendly judges and legislators in various states have gained strength and influence over the last twenty years, resulting in statutes and court decisions inimical to the subrogation and reimbursement rights of workers’ compensation carriers. North Dakota is fighting back. On…

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Nebraska Supreme Court Provides Valuable Clues To “Fair And Equitable” Distribution Of Recovery Under § 48-118(2)

Newsletter, Workers' CompensationJune 28, 2017

Nebraska has recently become a battleground in the war against workers’ compensation subrogation being waged by trial lawyers. Nebraska is a “tweener” when it comes to workers’ compensation subrogation. It doesn’t provide a carrier with a first money right to…

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Ohio Court Allows Workers’ Compensation Subrogation Reimbursement From Employer For Intentional Act

Newsletter, Workers' CompensationMay 25, 2017

Words matter. On May 22, 2017, the Ohio Court of Appeals paid attention to the specific wording in the Workers’ Compensation Act and ignored the traditional definition given to the term “third party” in workers’ compensation subrogation settings. In McKinney…

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New Nevada Supreme Court Decision Does Significant Damage To Workers’ Compensation Subrogation

Newsletter, Workers' CompensationApril 26, 2017

In Nevada, when a workers’ compensation carrier is subrogated to the rights of the worker under § 616C.215, the carrier has a lien on the “total proceeds” of any third-party recovery. N.R.S. § 616C.215(5). This is true whether the recovery is…

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Pennsylvania Court Confirms Compensation Carrier Can Initiate Filing Of Third-Party Action

Newsletter, Workers' CompensationMarch 23, 2017

A long-standing controversy has been resolved and a major anti-subrogation obstacle in Pennsylvania has been overcome. The proverbial light bulb has gone on in the Quaker State. The ongoing debate in Pennsylvania over whether a workers’ compensation carrier can initiate…

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