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Workers’ Compensation

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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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Pennsylvania Creates New Opportunity For Employees To Gerrymander Third-Party Settlements

Newsletter, Workers' CompensationMarch 22, 2017

Serrano v. Workers’ Comp. Appeal Bd. (Ametek, Inc.), 2017 WL 563317 (Pa. Comm. 2017). On March 6, 2006, a container of metal powders, with which Serrano was working, exploded, severely burning him. Serrano sued Aramark Uniform and Career Apparel, Inc.…

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Questionable Hawai’i Court of Appeals Decision Creates Interesting Workers’ Compensation Subrogation Opportunities

Newsletter, Workers' CompensationFebruary 27, 2017

If a contest were held for the worst appellate decision of 2017, we might already have a winner. The recent unpublished Hawai’i Court of Appeals decision in Hawaiian Dredging Constr. Co., Inc. v. Fujikawa Assocs., Inc., 2017 WL 663540 (Haw.…

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Nebraska Supreme Court Sidesteps Issues Of Future Credit And Made Whole Doctrine In Workers’ Compensation Subrogation

Newsletter, Workers' CompensationFebruary 17, 2017

Trial lawyers in Nebraska had high hopes that a questionable Court of Appeals decision from early 2016 might reinject the equitable Made Whole Doctrine into Nebraska workers’ compensation subrogation and eliminate any right of the carrier to a future credit…

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Kansas Court Of Appeals Underscores Need For Subrogation Counsel In Third-Party Actions

Newsletter, Workers' CompensationJanuary 27, 2017

Heimerman v. Rose, 2017 WL 130123 (Kan. App. 2017) On August 31, 2013, Dan Heimerman was driving in Kansas, while employed by Northern Clearing, Inc., (“Northern”) and was killed when he was rear-ended by a dump truck driven by Zachary…

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Idaho Supreme Court Prohibits Negligent Employer Or Its Carrier From Subrogating

Newsletter, Workers' CompensationJanuary 19, 2017

The last 40 years have been a roulette wheel of changing opinions and positions for the Idaho Supreme Court with regard to the subrogation and reimbursement rights of an employer or its workers’ compensation carrier when there is employer negligence.…

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¿Dónde Están Mis Beneficios? Workers’ Compensation Claims By Undocumented Employees

Newsletter, Workers' CompensationJanuary 4, 2017

Following an election cycle in which illegal immigration became a touchstone issue, it seems only appropriate that claims handlers and subrogation professionals have a clear understanding of the many nuances involving workers’ compensation claims made by undocumented employees. Indeed, with…

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