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Workers' Compensation News


Wickert: High Court Ignores Public Policy Interests 12/02/2016
State: MT | Segment: Top | 1460 | 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 | 981 | 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 | 2251 | 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 | 650 | 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 | 552 | 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
Wolfe: Timeliness of Independent Medical Review 09/12/2016
State: CA | Segment: Top | 606 | 0 | Popular with Legal
One of the hallmark provisions of the most recent statutory amendments to the Labor Code, independent medical review (IMR) has generated much litigation and even more speculation as to its ramifications and ultimate constitutionality. Notwithstanding these factors, IMR has been ...Read More

Wickert: State Supreme Court Weighs In on Horizontal Immunity 08/29/2016
By: Gary Wickert
State: OH | Segment: Top | 680 | 0
Exclusive remedy protection is being handed out to non-employers like candy on Halloween by courts and legislatures across the nation, and Ohio is the latest state to join the giveaway. ...Read More

Weinmann: Now Comes SB 1160: Unreasonable Denials 08/23/2016
State: NA | Segment: Top | 1148 | 0
SB 1160 (Sen. Tony Mendoza, D-Artesia) would require that lien claimants in workers' comp file declarations with all liens as of Jan. 1, 2017. Failure to follow through on this step would enable the Workers' Compensation Appeals Board to dismiss the lien. As part of the sig...Read More

Weinmann: SB 863 Benefits Employers, Harms Injured Workers 07/26/2016
State: NA | Segment: Top | 591 | 0
News Release 2016-73, Department of Industrial Relations (DIR), July 15, 2016, boasts that workers comp reforms have shown "benefits for injured workers, employers." This writer agrees that the work comp reforms mandated by Senate Bill 863 have brought about substantial benefits fo...Read More

Wickert: Understanding the Exclusive Remedy Rule 07/19/2016
State: NA | Segment: Top | 1739 | 0 | Popular with Insurance
The 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 liab...Read More
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