Until recently, the District of Columbia workers’ compensation subrogation statute, found at § 32-1535, was silent on how or whether attorneys’ fees/costs are to be charged or apportioned when the worker files suit. When an employer or workers’ compensation insurance carrier initiates an action or negotiates a settlement when it is received and assigned, because…
DetailsTrucking insurers issuing motor carrier policies which contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is a fascinating and under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history behind and developing a working knowledge of MCS-90 Endorsements is essential for any adjuster or subrogation…
DetailsThe Exclusive Remedy Rule is neither exclusive nor a remedy. What began as a cornerstone of the social insurance experiment known as workers’ compensation has become so riddled with leaks that employers and their insurers often give up on subrogation in order to protect themselves from liability they were never intended to bear. One of…
DetailsIt actually makes very little legal sense and for all intents and purposes is fundamentally antithetical to a free market, capitalist society. Its underpinnings can be traced to Germany’s Second Reich and its Prime Minister, Otto Von Bismarck. It has ties to Marxism and Socialism and its evolution has been fueled by populism and social…
DetailsVirginia Court of Appeals Defies Trial Lawyers Association The Virginia Court of Appeals just gave a big boost in the arm to Special Arbitration of workers’ compensation liens. Article First (Compulsory Provisions) of the Special Rules and Regulations (revised January 3, 2006) states: Upon settlement of a claim or suit, signatory companies must submit any…
DetailsFor over a decade, state and federal courts throughout the nation have wrestled with the issue of whether FEHBA (Federal Employees Health Benefit Act of 1959) preempts state subrogation laws. 5 U.S.C. §§ 8901-8914. Both Missouri and Arizona are well-known anti-subrogation states. See Wayne v. Bankers Multiple Line Ins. Co., 796 S.W.2d 660 (Mo. Ct.…
DetailsGary Wickert will be presenting a live webinar on New Jersey Automobile Subrogation: The Nuts and Bolts on June 14, 2016 from 10:00-11:00 a.m. (CDT). This webinar is free to attend and will cover topics such as PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation, suspension of driver’s licenses, and much more. Special…
DetailsJames Bond is not the only one with a License to Kill. Professional sports teams sell season ticket packages, often in the form of a seat license to a specific seat in the franchise stadium for every regular season game played in the stadium. The license/ticket typically gives the purchaser a restricted interest in a…
DetailsIgnorance of the law is no excuse – unless you’re the Nebraska Court of Appeals. On March 8, 2016, the Court, in perhaps one of the most illogical and biased decisions in many years, held that a trial court can wipe out a workers’ compensation lien for literally any reason – including the fact that…
DetailsThe recent consolidated bellwether trial of the DePuy Pinnacle Hip Implant multi-district litigation concluded on Thursday, March 17, 2016, with a whopping $502 million verdict against defendants DePuy Orthopaedics, Inc. and Johnson & Johnson. Following months of trial in the Northern District of Texas, the jury found in favor of all eight plaintiffs — five…
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