Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Texas has historically been a very favorable venue for workers’ compensation subrogation. It has not been without its gray areas. In death cases, when an employee dies and either he and/or his surviving family members have received workers’ compensation benefits, a careful analysis is required in order to determine the subrogation and future credit rights…

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Wisconsin Supreme Court Confirms Carrier’s “Equal Voice” In Third-Party Litigation

Trial lawyers are already calling it a “travesty of justice” and I gave two media interviews about its significance within two hours of the decision being published. The truth is, however, the new Wisconsin Supreme Court case which is being decried as allowing a workers’ compensation carrier to “force” an employee to accept a settlement…

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Gary Wickert’s Article Published in American Educational Institute’s Spring 2014 Law Update

Gary Wickert’s article entitled “Gathering Pebbles: Subrogation’s Burden of Proof” was published in the American Educational Institute’s (AEI) Spring 2014 Claims Law Update, which can be viewed HERE. Gary will be speaking at this year’s SCLA Claims Education Conference in San Antonio, presenting on Recognizing Subrogation and Third-Party Liability. This conference is presented by AEI…

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Arizona Adds Assignment Language To Workers’ Comp Statute (Again)

Earlier this year, the Arizona Court of Appeals essentially rewrote § 23-1023, Arizona’s workers’ compensation subrogation statute. Prior to its amendment in 2007, this statute provided that the injured employee had only one year after a cause of action accrued to pursue a third-party action. A.R.S. § 23-1023(B). If the employee did not pursue the…

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Subrogating Longshore Payments Against Jones Act Recoveries

A recent decision by the 5th Circuit Court of Appeals has dramatically expanded a longshore harbor workers’ compensation carrier’s rights of subrogation in Jones Act cases. The Chenevert v. Travelers Indemnity Co., 2014 WL 902873 (5th Cir. 2014) decision declares for the first time that a longshore harbor workers’ compensation carrier has a right of…

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Carrier Reimbursement Under War Hazards Compensation Act

My oldest son was recently in Afghanistan as a civilian contractor with Army and Air Force Exchange Service (AAFES). He is one of tens of thousands of employees of civilian contractors working overseas and subject to workers’ compensation under the Defense Base Act (DBA) and War Hazards Compensation Act (WHCA). The U.S. has military personnel…

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Gary Wickert Interviewed for Yahoo Shine Article Entitled “Parents to Be Held Accountable for Kids’ Graffiti in Chicago”

Gary Wickert was recently contacted by Beth Greenfield, a Yahoo News reporter for Yahoo Shine, regarding a new Chicago Transit Authority initiative to hold parents responsible for subway graffiti at the hands of their minor children. Yahoo ran across a chart depicting the parental responsibility laws for all 50 states contained on the Matthiesen, Wickert,…

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