Outwitting Your Opponent: Buying The Comp Lien In Third Party Litigation
Frederick C. Fletcher of Swartz Campbell LLC
In successfully defending third party litigation , creativity is the key to quality litigation defense tactics. By buying the workers? compensation lien, for example, the third party carrier has control of a financial piece of plaintiff?s case. Any settlement is reduced at least by the amount of the cost of buying the lien, a plaintiff?s boardable damages are probably reduced by the lien assignment and, if the case goes to judgment, some or all of the lien is credited or returned to the third party carrier.
The Many Faces of Workers' Compensation Subrogation
Gary L. Wickert of Matthiesen, Wickert & Lehrer, S.C.
More than any other area of personal injury subrogation, workers' compensation subrogation is often fraught with traps and pitfalls for the unwary subrogation professional. This is primarily because most subrogation professionals assume that workers' compensation subrogation is fairly similar from one state to the next. Every state, except one , allows for workers' compensation subrogation. That is where the similarities end. In truth, there are very few areas in which the laws of each individual state vary more and are applied as differently, than in the area of workers? compensation subrogation.
Court of Appeals Allows Gerrymandered Settlement
Matthiesen, Wickert & Lehrer, S.C.
Texas Workers' Compensation Fund v. Jose Serrano, et al., No. 13-95-482-CV, Court of Appeals (Tex. Civ. App.ÃÂCorp.
Subrogating For More than Your Lien?
Douglas W. Lehrer of Matthiesen, Wickert & Lehrer, S.C.
Imagine subrogating for damages an insurance carrier didn't pay for. What's more, imagine subrogating for and .
Florida Workers' Compensation Subrogation
Gonzalez & Garcia
Introduction Whether you are an employee or an employer, one of the most confusing aspects of the workers' compen.