Workers' Compensation Subrogation In All 50 States - 2nd Edition

9781578232130: Workers' Compensation Subrogation In All 50 States - 2nd Edition
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Workers’ Compensation Subrogation is the most complete and thorough treatise covering workers’ compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers’ compensation subrogation. This book is intended to introduce the workers’ compensation claims handler, in-house counsel, and subrogation professionals to some of the esoterica more complex subrogation issues encountered in today’s workers’ compensation insurance subrogation marketplace. It covers the following issues in all 50 states: Allocating third party recoveries; Attorney’s fees; Borrowed Servant Doctrine; Conversion of workers’ compensation liens; Costs and expenses; Dual Capacity Doctrine; Equitable subrogation/contribution; Exclusivity Rule barring action against employer; How to calculate your credit/advance and how it is applied in each state; Intentional acts; Joint Ventures; Made Whole Doctrine as applied to workers compensation subrogation; Necessity of Intervention; Reduction Statutes; Staff leasing services and temporary employment agencies; Statutory subrogation rights; Subrogating against UM/UIM benefits; Subrogating in medical malpractice cases; Subrogating in legal malpractice cases; Waivers of subrogation; Who qualifies as a third party; and Other workers’ compensation subrogation-related issues. In addition to being a excellent primer on workers’ compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran. The book also contains a detailed synopsis of the workers’ compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers’ compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights Identifies the statutory authority for workers’ compensation subrogation in that state. Discusses the purpose/legislative intent of the statute. Is an election necessary by the worker? Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? When and must a third party action be brought? What are the rights of a carrier to intervene in an existing third party action filed by a worker? Will a worker’s compensation carrier’s subrogation interest be barred if not brought timely? Third Parties Who can be sued as third parties in a third party action? Can a co-employee be sued and under what circumstances? Can an uninsured/underinsured carrier be a "third party" under the laws of that state? Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker’s compensation carrier to effectively subrogate? What is the state’s workers’ compensation bar? Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? Under what circumstances can the employer be sued? Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery How and when does the carrier recover its subrogated interest? Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers’ Compensation Act of that state? Is there a formula used to determine how a third party recovery is allocated? What happens to the total recovery and how is it applied? Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? Does the employer’s negligence reduce the recovery by the worker or c

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About the Author:

Gary Wickert is a Partner with Matthiesen, Wickert & Lehrer, S.C. (formerly known as Mohr & Anderson, S.C.) in Hartford, Wisconsin, which he joined four years ago, after sixteen years with Hughes, Watters & Askanase, L.L.P. in Houston, Texas, where he served as a managing partner in charge of their extensive National Subrogation Section. Gary Wickert currently oversees a National Recovery Program which includes local counsel in all 50 states, Mexico and Canada. This program has served the subrogation needs of more than 150 insurance carriers, boasting more than $150 million in recoveries and credits since 1983. An author of many insurance articles, publications and model policy language for insurance underwriters, Gary also organizes and presents subrogation lectures and seminars worldwide, and contributes to insurance publications for the National Association of Insurance Professionals, the Association of Trial Lawyers of American, and the International Risk Management Institute, where he serves on a subrogation task force. He is also an exam writer and grader for the National Board of Trial Advocacy and is often called on to testify as an expert witness on insurance issues such as subrogation, indemnity, and attorneys’ fees, having served as a past chairman of the Houston Bar Association's Fee Dispute Committee. Gary has also worked with the Texas Legislation Oversight Committee in connection with the Texas workers’ compensation subrogation statute. Gary was recently asked by the National Association of Subrogation Professionals to serve as regional director for the North Central! region of the United States. Gary graduated from the University of Wisconsin in 1979 and South Texas Law School in 1983, where he was an editor on the South Texas Law Review. Licensed in both Texas and Wisconsin, Gary is double board certified in Texas in both personal injury law and civil trial law by the Texas Board of Legal Specialization, and is also board certified by the National Board of Trial Advocacy as a Civil Trial Advocate. For information about his firm’s National Recovery Program, fees, list of clients, reported subrogation decisions, and published articles on the issue of subrogation, see his firm’s web site at


"This book fills a long-standing need for a complete treatise covering this confusing subject across the country..." --Loren Smith, Kelly & Smith, P.C., Houston, Texas

"Regardless of which state you handle claims in, if you have workers’ compensation subrogation responsibilities - you need this book!" --Jennifer Williams, Claims Service Consultant, The Hartford, Orlando, Florida

"The book is the bible on workers’ compensation subrogation - regardless of which state the claim is in." --Paul Webb, Claims Specialist, Latitude Claims Services, Inc., Bloomfield Hills, Michigan

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