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Workers' Compensation News


Wickert: Idaho Supreme Court Prohibits Negligent Employer and Carrier From Subrogating 01/25/2017
By: Gary L. Wickert
State: ID | Segment: Top | 1041 | 0
The last 40 years have been a roulette wheel of changing opinions and positions for the Idaho Supreme Court with regard to the subrogation and reimbursement rights of an employer or its workers’ compensation carrier when there is employer negligence. However, the white ball representing the...Read More

Wickert: Workers' Compensation Claims by Undocumented Employees 01/16/2017
By: Gary L. Wickert
State: NA | Segment: Top | 1476 | 0
Following an election cycle in which illegal immigration became a touchstone issue, it seems only appropriate that claims handlers and subrogation professionals have a clear understanding of the many nuances involving workers’ compensation claims made by undocumented employees. ...Read More

Weinmann: Malpractice Reform Reaches California Supreme Court 01/04/2017
By: Robert Weinmann
State: CA | Segment: Top | 1503 | 0 | Popular with Legal
The late and illustrious David J. DePaolo was on target in "Out of State UR — I Don't Understand," published Jan 4, 2013, when he wondered why it should make any diffe...Read More

Wickert: Pennsylvania's Comp Future Credit Applies to Indemnity and Medical Benefits 12/16/2016
State: PA | Segment: Top | 895 | 0
What we once commonly knew to be true is, well, still true. ...Read More

Weinmann: The R&R Ride for SB 1160 12/07/2016
State: CA | Segment: Top | 1277 | 0
Now that Gov. Jerry Brown has signed Senate Bill 1160 into law, it's time for the bill to enter the "rule-making" phase. That's when legislation either gets its teeth or gets its teeth kicked in. ...Read More

Wickert: High Court Ignores Public Policy Interests 12/02/2016
State: MT | Segment: Top | 1256 | 0
Just when you thought that the level of judicial and legislative apathy and/or ignorance with regard to the huge financial benefits of workers’ compensation subrogation for businesses and the economy couldn’t get any higher, the Montana Supreme Court just lowered the bar even fur...Read More

Wickert: Waivers of Subrogation Endorsements Are Like Onions 11/01/2016
State: NA | Segment: Top | 689 | 0 | Popular with Insurance
A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up on subrogation and/or reimbursement ...Read More

Wickert: Navigating The Subrogation Trade Winds in 'the Middle of Nowhere' 10/24/2016
State: HI | Segment: Top | 982 | 0
Hawaii. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or ethnic group constituting a majority, and a continuing effort underway to create a s...Read More

Wilson: Put Workers and Businesses First, Not Trial Lawyers 10/04/2016
State: FL | Segment: Top | 557 | 0
Attention, Florida business owners: In case you missed it, you are about to be hit with a workers’ compensation insurance increase that you most likely haven’t planned for, all for the benefit of Florida’s billboard trial lawyers. ...Read More

Wickert: Court Grants Carrier Right to File Third-Party Action 10/03/2016
State: CT | Segment: Top | 388 | 0
Until recently, Connecticut’s Workers’ Compensation Subrogation Statute § 31-293 labored under the judicial interpretation by which an employer was allowed to file a third-party action, but its workers’ compensation carrier was not. Subrogated carriers had to hope...Read More
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