August 2020 Subrogation Newsletter
Effective workers’ compensation subrogation requires a complete knowledge of all aspects of workers’ compensation law, and an aggressive recovery program must necessarily involve a carrier holding out its hand for reimbursement from an employer whose intentional acts caused the work-related injury. Knowing when and under what circumstances this can be done is an obvious necessity of successful subrogation.
Kansas Decision Introduces Concept of “Statutory Deficit”. The Kansas Court of Appeals is holding class on why it is important to have subrogation counsel in workers’ compensation subrogation third-party cases, even in states which are favorable to carriers, and it’s not the first time it has tried to warn the industry of the importance of being represented in third-party lawsuits.
This new decision doubles down on the fact that simply because an insurance company is subrogating against one of its own insureds, the Anti-Subrogation Rule will not bar a subrogation action if the “risk” for which the defendants were insured by the subrogee was different than the risk for which the subrogee insurance company is suing.