A federal court in Maryland has asked the Maryland Supreme Court to sound off on an issue regarding the apportionment of attorneys’ fees and costs between a workers’ compensation insurance company and an injured employee, following a large third-party settlement.…
On September 19, 2024, in one of the most pro-subrogation decisions in a generation, the Nevada Supreme Court has overnight turned Nevada into one of the most favorable states for workers’ compensation subrogation. With the stroke of a pen, the…
It is said that good judgment comes from experience, but experience comes from bad judgment. This pithy aphorism is generally true in life but is particularly true when a company sees significantly increased workers’ compensation insurance premiums following a serious…
The author, Franz Kafka, known for his dark situations which many people relate to, once wrote a very short story about omnipotent power floating just beyond our reach. You go to the city to see the law. Upon arrival outside…
In a rare example of how strong a workers’ compensation statutory lien can be, a Pennsylvania appellate court affirmed a ruling by a Workers’ Compensation Judge (affirmed by the Workers’ Compensation Appeal Board (WCAB)) in which a workers’ compensation carrier…
It’s the question every claims professional and trial attorney claims to know but few fully understand. In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation…
A new Texas Court of Appeals decision has clarified the process by which a workers’ compensation carrier can settle directly with a third-party tortfeasor and thereby avoid having to reduce its lien by a pro rata share of the employee’s…
The American horror film “Split”, directed by M. Night Shyamalan, is a psychological thriller which centers on a bizarre antagonist with 23 separate personalities. Without spoiling the plot, suffice it to say that it focuses on the fact that there…
Thin skin and subrogation do not go hand-in-hand. We are the crashers at every party and the uninvited guests that nobody wants to see show up when a personal injury suit has been filed. Trial lawyers believe we take money…
Workers’ Compensation Subrogation and Employee Leasing Companies At its core, workers’ compensation subrogation is quite simple. Employee injured while at work receives workers compensation benefits. Carrier paying benefits recovers those benefits from anyone responsible for causing the injury other than…