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Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
United States: Missouri Insurer Allowed to Intervene in Employee’s Third-Party Civil Action
Stressing that allowing a workers’ compensation insurer to intervene in a third-party civil action filed by an injured worker against the purported tortfeasor would not cause delay and would not necessarily cause confusion among potential jurors...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Colorado: Comp Carrier’s Settlement With Third Party Tortfeasor Nixes Employee’s Attempt to Introduce Medical Bills in Tort Action
In a deeply divided decision, the Supreme Court of Colorado reversed, in pertinent part, a decision by a divided division of the state’s Court of Appeals and held that a workers’ compensation carrier’s settlement with a third-party tortfeasor...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
North Carolina: Employer and Carrier Lose Reimbursement Right Due to Special Endorsement in Employer's Auto Policy
In a divided decision, the Supreme Court of North Carolina held an employer and its carrier could not be reimbursement for the outlay of workers' compensation benefits paid to an insured worker where South Carolina motor vehicle law prohibited such...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
United States: Oklahoma's Subrogation Statute is Constitutional
Construing Oklahoma law, a federal district court ruled that 85A Okla. Stat. § 43, the subrogation provision within Oklahoma’s workers’ compensation law, does not violate Article 23, Section 7 of the state’s Constitution. The federal...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Arizona: Injured Worker May Not Use Post-Settlement Trial to Determine Level of Employer’s Fault in Order to Reduce Insurance Carrier’s Lien
In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Comp Carrier May Not Rush in Through Back Door to Claim Lien on Settlement Proceeds
In Texas, as in most other states, an employer and/or workers’ compensation insurance carrier enjoy strong subrogation rights that allow recovery of the workers’ compensation outlay against third parties that may be responsible for all or...
Barry Zalma
over 8 years ago
Real Estate Law
Real Estate Law Blog
Owner May Sue Negligent Tenant for Uninsured Loss: Suit Against Tenant Not Subrogation
Almost every commercial lease of multi-unit structures contain waivers of subrogation or an agreement that the building owner’s fire insurance is purchased for the benefit of both the owner and the tenants. Since it is improper for an insurer to...
Randy J. Maniloff
over 8 years ago
Insurance Law
Motor Vehicle Insurance
15 Minutes (Fifteen Seconds, Really) Could Have Saved The Gecko More Than 15% On Car Insurance
Coverage Opinions hardly ever addresses automobile or subrogation cases. Here I address both. But wait, stay with me. This is an interesting one. It also speaks to an overarching issue concerning how insurers treat policyholders in a certain claim setting...
Steptoe & Johnson PLLC
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
U.S. Airways, Inc. v. McCutchen: SCOTUS Says Enforcement of ERISA Plan Terms Is Not “Inequitable”
by Sara E. Hauptfuehrer Employer-sponsored group heath plans typically allow reimbursement to the plan for benefits paid in connection with injuries sustained as a result the tortious conduct of a third party. That right of reimbursement arises...
Teddy Snyder
over 11 years ago
Workers' Compensation
Medicare Secondary Payer
Four Reasons to Avoid the CMS Approval Process for MSAs
By Teddy Snyder, Esq., Ringler Associates - Beverly Hills, CA 1. MMSEA reporting makes approval unnecessary for Medicare beneficiaries. Reporting under the Medicare, Medicaid and S-Chip Extension Act, aka “section 111 reporting”, started...
Robin E. Kobayashi
over 11 years ago
Workers' Compensation
Medicare Secondary Payer
MSP Compliance and the Late, Great Jerry Garcia
This year marks the 10th anniversary of the Patel Memo , the memo that launched the Medicare Secondary Payer industry. We are forced to look back over the past decade and recognize just how far we have come. As the late, great Jerry Garcia would say...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit
Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Missouri: Commission Exceeded Authority in Ordering Subrogation Payment
A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Wisconsin: Trial Court Can Compel Injured Employee to Accept Settlement of Third-Party Civil Action
The Supreme Court of Wisconsin affirmed a decision compelling a plaintiff/injured employee to accept a settlement offered in a third-party civil action he had filed against an alleged tortfeasor. The employee, who worked for the Village of Fontana, had...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Kansas: Widow’s Motion to Characterize Wrongful Death Recovery as Exempt from Subrogation Rules Found Barred
Where a surviving spouse of a worker killed in a work-related car accident filed a wrongful death action in a state court and joined a separate federal wrongful death action filed by her son, and the parties eventually settled the claim with the federal...
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