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Workplace Injury Subrogation

MG+M The Law Firm

Delaware Supreme Court Overturns Precedent, Limits Double Recovery for Injured Employees

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The Delaware Supreme Court recently reinterpreted a section of the state’s Workers’ Compensation Act (WCA) (19 Del. C. § 2301 et seq.) to allow employers and insurance providers to pursue liens on certain excess benefits...more

Butler Weihmuller Katz Craig LLP

Pennsylvania Finds Exception to Anti-Subrogation Rule

The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more

White and Williams LLP

The Right of Workers’ Compensation Reimbursement is Alive and Well in Indiana

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When the direct door to a subrogation recovery closes, the reimbursement door remains open. The United States District Court for the Northern District of Illinois, construing Indiana law, recently clarified the...more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation

How will legislation from 2020 impact New Jersey workers' compensation claims in 2021 and beyond? Workers' Compensation Partners Jeffery D. Newby and Cheryl A. Binosa provide a recap and update on significant legislative...more

White and Williams LLP

In New Jersey, Workers’ Compensation Liens Are No Longer Subject to the Verbal Threshold

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The Superior Court of New Jersey, Appellate Division, recently held, in N. J. Transit Corp v. Sanchez, No. A-0761-17T3, 2018 N.J. Super. LEXIS 168 (December 4, 2018), that pursuant to N.J.S.A. 34:15-40(f) (Section 40) of New...more

White and Williams LLP

“Bad Kamara/Good Karma” — Life After Hartford v. Kamara

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How the Pennsylvania Supreme Court’s Decision in Kamara Changes the Legal Landscape for Workers’ Compensation Subrogation and Successfully Moving Forward - On November 21, 2018, the Pennsylvania Supreme Court, in a 5-4...more

McNees Wallace & Nurick LLC

Supreme Court Issues New Ruling on Workers’ Compensation Subrogation Reimbursement

In a recent case, decided on June 19, the Supreme Court of Pennsylvania granted appeal to clarify the scope of subrogation reimbursement under the Pennsylvania Workers Compensation Act (the “Act”)....more

Roetzel & Andress

Ohio Supreme Court Rules On BWC Subrogation Interest In Tort Claim Insurance Settlements

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The Supreme Court of Ohio issued an opinion last week that provides a cautionary tale whose main antagonist is the broad reach of Ohio’s automatic subrogation provision set forth in R.C. 4123.931(G). In Bur. of Workers’...more

Bricker Graydon LLP

Injured workers must inform BWC of third-party settlements

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The Ohio Supreme Court recently ruled that the Ohio Bureau of Workers’ Compensation (BWC) must be notified of potential third-party settlements that would compensate an injured worker for an injury, even when an application...more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions...

The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more

Cranfill Sumner LLP

Where Does a Third Party “Stand” on Liens?

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Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent. In the course and scope of his employment with Neuwirth, he was involved in a car...more

Womble Bond Dickinson

Georgia Supreme Court Interprets the Apportionment Statute in Conjunction with the Workers' Compensation Act

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This month, the Georgia Supreme Court further extended the reach of the Georgia law addressing the apportionment of liability in tort cases in the case of Walker, et al. v. Tensor Machinery, et al. The Court had recently...more

Spilman Thomas & Battle, PLLC

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

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