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Matthiesen, Wickert & Lehrer S.C.
Matthiesen, Wickert & Lehrer S.C.
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    • Nationwide Insurance Subrogation
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  • Resources
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    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
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      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
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July 2013 Newsletters

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July 2013 Newsletters


Workers' Compensation Subrogation

WORKERS' COMPENSATION SUBROGATION: A New Look At Which Payments/Benefits Can Be Recovered

By Gary L. Wickert

In many respects it is as daunting and elusive as the search for the Holy Grail. All 50 states allow for recovery of workers’ compensation benefits paid to or on behalf of a claimant injured in the course of his or her employment. Not a single one,  however, enunciates precisely which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

Read More...

Oklahoma State Flag

Oklahoma Waiver Of Subrogation Might Be No Waiver At All

By Gary L. Wickert

Waivers of subrogation continue to be the bane of effective subrogation programs. Every once in a while, however, a ruling comes along which restores your faith in common sense and the meaning of simple words. The Oklahoma Court of Appeals decision in Frank’s Tong Service, Inc. v. Juan Lara, 2013 WL 7809847 (Okla. App. 2012) is such a case.

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Jeep Cherokee Recall

Jeep Grand Cherokee Subrogation

By Gary L. Wickert

Recently, the National Highway Traffic Safety Administration (NHTSA) demanded that Chrysler recall 2.7 million 1993-2004 Jeep Grand Cherokees and 2002-2007 Jeep Libertys after a probe into rear-end crashes and fires that caused at least 44 deaths and many more injuries involving the vehicles. According to NHTSA, plastic gas tanks located behind the rear axles can be punctured, leak fuel, and catch fire when the vehicles are hit from behind, which they believe to be a “defect that presents an unreasonable risk to safety.” Chrysler initially refused the request, saying it believes that NHTSA’s findings are based on an “incomplete analysis of the underlying data.” Needless to say, significant subrogation issues arise somewhere in the middle of this legal standoff.

Read More...

Subrogation Recovery

Refer A File To MWL Online In Three Easy Steps

By Gary L. Wickert

Referring a subrogation file to MWL is as easy as 1–2–3 with our website’s new SUBROGATION REFER A FILE feature. Referring your file to us online using this feature means getting your file in the hands of an experienced subrogation attorney in seconds.

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Wisconsin Office

1111 E. Sumner St.
PO Box 270670
Hartford, WI 53027

Louisiana Office

101 W. Robert E. Lee Blvd.
Ste. 401
New Orleans, LA 70124

California Office

1851 East First St.
Ste. 1150
Santa Ana, CA 92705

Texas Office

11940 Jollyville Rd.
Ste. 215N
Austin, TX 78759

Florida Office

1301 Riverplace Blvd.
Ste. 2140
Jacksonville, FL 32207

Massachusetts Office

99 Derby St.
Ste. 200
Hingham, MA 02043

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