The Structure of New Mexico’s Workers’ Compensation Subrogation Scheme The structure of New Mexico’s workers’ compensation subrogation scheme is unlike that of many other states, and it creates a vulnerability that subrogation professionals must understand before it is too late. Unlike most states, New Mexico’s workers’ compensation statute, § 52-5-17, gives the injured employee exclusive…
Workers’ compensation subrogation is always a tricky business, but nowhere is it more bewildering than in Michigan when a work-related injury arises out of a motor vehicle accident. The state’s unique and confounding no-fault system was designed to streamline compensation and reduce litigation, but for carriers attempting to assert subrogation rights, it has produced a…
Montana’s Harsh History with the Made-Whole Doctrine For decades, Montana has been recognized as perhaps the harshest jurisdiction in the country when it comes to the application of the “Made-Whole” doctrine in subrogation cases. And it stands to reason that the harsh application of this anti-subrogation rule has led to depleted subrogation opportunities and has…
Progressive Garden State Insurance Company v. Allstate NJ Insurance Company, 2025 WL 2327776 (N.J. Super. August 13, 2025) The Longstanding Debate Over Med Pay Subrogation in New Jersey For years, New Jersey attorneys, insurers, and claims professionals have debated whether Medical Payments (“Med Pay”) benefits in auto insurance policies can be subrogated against third-party tortfeasors.…
Understanding When HIPAA Applies One of the most common questions in workers’ compensation subrogation practice is whether HIPAA requires a signed release before medical records can be obtained or shared. The short answer is that HIPAA seldom prevents the exchange of records between medical providers and workers’ compensation carriers for the purpose of administering or…
Why Failing to Intervene Is Risky In the world of workers’ compensation subrogation, what you don’t do can hurt you—and hurt you badly. Nowhere is this more true than in the context of a compensation carrier, its third-party administrator, or its subrogation vendor deciding whether or not to intervene in a pending third-party lawsuit filed…
MWL’s subrogation expertise is not limited to effectively subrogating all lines of insurance for its clients. Recently, our expertise and authority in workers’ compensation subrogation resulted in several Nebraska legislators and a lobbying concern to reach out to MWL and rewrite Nebraska’s workers’ compensation subrogation statutes. Judicial Decisions that Disrupted Nebraska’s Subrogation Balance In recent…
The Arkansas subrogation landscape is notoriously hostile toward insurance carriers, particularly in the workers’ compensation context. Anchored in a sweeping application of the “Made Whole Doctrine,” Arkansas courts have historically treated subrogated carriers as afterthoughts in the allocation of third-party recovery. However, a recent federal court decision—French v. Amazon.com, Inc.—delivers a long-awaited dose of clarity…