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  • About
  • Our Team
    • Attorneys
    • Paralegals & Claims Specialists
    • Administration
    • Support Staff
  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • Resources
    • Podcasts
    • Newsletters
    • Laws By State
    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
      • Workers’ Compensation Subrogation In All 50 States
      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
    • Reference Charts
    • Resource Links
    • Benefits Of Subrogation
  • Webinars
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  • Contact
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      • Printable Referral Forms
    • Ask A Subrogation Question
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October 2013 Subrogation Newsletter

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October 2013 Subrogation Newsletter


Pennsylvania’s Workers’ Compensation Third-Party Dispute

By Gary L. Wickert

If you think the recent Congressional civil war over cutting entitlements and spending, raising the debt ceiling, and funding Obamacare was a melee, welcome to the ongoing dispute in Pennsylvania over whether a workers’ comp carrier can initiate the filing of a third-party lawsuit. It’s the usual suspects: trial lawyers vs. subrogation professionals. However, an upcoming appeal from the new Superior Court Opinion in Liberty Mutual v. Domtar Paper Co., 2013 WL 5423850 (Pa. Super. 2013), may provide the right case at the right time, and resolve the issue once and for all.

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Florida Supreme Court Limits Economic Loss Doctrine To Product Liability Cases

By Gary L. Wickert

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases involving product liability.

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Missouri Occupational Disease Claims Once Again Compensable

On July 10, 2013, the Missouri legislature enacted Senate Bill 1. As a result, subrogation has been eliminated for any claims resulting from a toxic exposure occupational disease. Not only will carriers and employers bear the burden of this legislative effort to save money for the floundering Second Injury Fund, but the new Act also provides for a supplemental surcharge (against employers) not to exceed 3%, to be added to the existing 3% surcharge to finance the Fund beginning in 2014 to run through 2021. The new law is effective on January 1, 2014.

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