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

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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 The recent unpublished Hawai’i Court of Appeals decision in Hawaiian Dredging Constr.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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Pennsylvania Workers’ Compensation Future Credit Applies To Both Indemnity And Medical Benefits

Newsletter, Workers' CompensationDecember 14, 2016

What we once commonly knew to be true is, well, still true. The Commonwealth Court of Pennsylvania (state appellate court which hears appeals from the Workers’ Compensation Appeals Board (W.C.A.B.)) has just issued a decision as to whether an employer’s…

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Montana Court Ignores Public Policy Interests Of State Paying Comp Benefits In Conflict-Of-Law Subrogation Decision

Newsletter, Workers' CompensationNovember 28, 2016

Just when you thought that the level of judicial and legislative apathy and/or ignorance with regard to the huge financial benefits of workers’ compensation subrogation for businesses and the economy couldn’t get any higher, the Montana Supreme Court just lowered…

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Waivers Of Subrogation Endorsements Are Like Onions

Newsletter, Workers' CompensationOctober 27, 2016

A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up…

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SUBROGATING HAWAI’I: Navigating The Subrogation Trade Winds In “The Middle Of Nowhere”

Auto, Med Pay, PIP, Newsletter, Property, Workers' CompensationSeptember 29, 2016

Hawai’i. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or…

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