Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. 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 more esoteric and 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 • Lien 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 • Other Workers' Compensation Subrogation-Related Issues In addition to being an 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 carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book Searching the Law The States written by Francis R Doyle and published by Martinus Nijhoff Publishers. This book was released on 2022-11-14 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book How to Save Big on Workers Compensation written by Adam Friedlander and published by . This book was released on 2011-05-01 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring insightful, actionable and proven cost-saving ideas, How To Save Big On Workers' Compensation shows how employers can maximize productivity and profits through safety and a culture of caring. This essential guide shares strategies that saved a quarter of a billion dollars. This easy-to-read book includes exclusive interviews with leading industry experts. The experts include Larry LaPointe, former director of the Division of Confidential Investigations at the New York State Insurance Fund (NYSIF); Ed Hiller, director of Claims and Medical Operations for NYSIF; Brian Mittman, the managing partner of Markhoff & Mittman, a law firm helping injured workers; Robert Firmbach, a veteran loss-control and safety expert; Eileen Preiato, the Friedlander Claims Solution manager; and Cosmo Preiato, executive vice president of Friedlander Group and leader of Safety Group Underwriting and Operations. "Friedlander's approach in this well-written, helpful book is to focus on what employers can do to minimize workers' compensation claims in the first place. He believes that by creating a "culture of caring," employers can effectively save money on workers' compensation, because "that culture will maximize your productivity, efficiencies, and profits." ...This revelation alone makes the book valuable, along with several eye-opening interviews with workers' compensation experts. Employers will gain insight into such key issues as claims and premium fraud, abuse of the system, loss control and reducing the cost of claims. A thoughtful book that could actually save employers some serious money." Kirkus Review "During my time as CEO of the New York State Insurance Fund, Adam always displayed a keen insight into the intricate workings of the state compensation system. He is a true comp professional who understands the needs of the system's stakeholders; policyholders, associations, injured workers and policy makers. His primer is a must read for those involved in our industry. Ken Ross, CEO/President, Pinnacol Assurance "How to Save Big on Workers' Compensation is interesting, informative and a must read book. Adam uses his vast knowledge, candid insights including interviews with true experts in workers' compensation to discuss issues related to fraud, claims, safety and loss control. The book focuses on safety prevention as a major linchpin of effective cost control resulting in lowering premium costs. The reader should benefit from this unique review of important issues." Donald T. DeCarlo, J.D. CEO AMCOMP, Commissioner of NYS Insurance Fund, 1997-2009 "Adam offers a number of key concepts - such as managment-employee relations and a culture of caring - that are very straight forward and really work to control workers' compensation costs. His interviews with industry experts deliver the information in an easy-to-understand, real-world style. This is a great book for virtually every American business." Dennis Otmaskin, CPCU Regional President, Northeast & Mid-Atlantic Harleysville Group "I found it to be a riveting book, presented in a manner that every employer would clearly enjoy reading and would cut the cost to his bottom line. This should be considered a training manual. This is also a worthwhile book for every Insurance Broker to read and present to every business client. It presents a powerful bit of knowledge." Arthur Natter, former broker and NYSIF retiree "Adam's a serious professional and a clear-headed writer." Steve Acunto, Editor & Publisher of Insurance Advocate "I had an opportunity to read "How to $ave Big on Workers' Compensation." It is exceptional! I especially like the way you started the book with Establishing A Culture of Caring!" Scott Addis, The Addis Group "Adam, I just finished your book. Quite simply, it was fantastic. I will be purchasing and sending a few copies to my peers. Thank you for your contributions." Brian Nebel, P2P Insurance Agency, Partner

Download or read book Understanding Workers Compensation written by Kenneth Wolff and published by Government Institutes. This book was released on 1995 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in layman's terms, not legalese or insurance-speak, this book is designed to help you understand how the Workers' Comp system works and to provide a basic understanding of injury prevention, types of injuries, and cost containment strategies. Although Workers' Comp regulations, procedures, and forms vary from state-to-state, the principles behind the system and the basics of compliance are almost identical. By focusing on these core principles, the author has prepared a guide to the topic which can be used by readers in any state in the nation.

Download or read book BNA s Workers Compensation Report written by and published by . This book was released on 2001 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Primer on American Labor Law written by William B. Gould IV and published by Cambridge University Press. This book was released on 2013-06-10 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Primer on American Labor Law is an accessible guide for non-specialists and labor lawyers - labor and management representatives, students and general practice lawyers, and trade unionists, government officials and academics from other countries. It covers topics such as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector and public-interest labor law. This updated fifth edition contains extensive new materials covering developments that include the repeal or change in public employee labor law and the development of case law relating to wrongful dismissals and pension reform in the public sector; bankruptcy in both the private and public sector; ADA litigation and 2008 amendments of that statute; new cases on all subjects, but particularly Bush and Obama NLRB decisions, sexual harassment, sexual orientation, and retaliation; and the globalization of labor disputes in labor-management relations in the United States, with particular reference to professional sports disputes and the extraterritoriality of American labor law generally.

Download or read book Clinical Anatomy for Lawyers written by Samuel D. Hodge (Jr.) and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ABA Medical-Legal Guides: Clinical Anatomy for Lawyers offers in-depth coverage and medical illustrations of each bodily system, including the common diseases and disorders of each and their relevant legal issues and cases. Several medical problems that overlap body systems--such as trauma, immune disorders, and pain--are also included, along with their legal ramifications.

Download or read book ABA Journal written by and published by . This book was released on 1981-11 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Download or read book The Insurance Professional s Practical Guide to Workers Compensation written by Chris Boggs and published by Lulu.com. This book was released on 2009-04-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is not your ordinary workers' compensation book. Workers' compensation coverage is relatively easy to understand. It's the legal, procedural and contractual issues surrounding workers' compensation that are complicated. In "The Insurance Professional's Practical Guide to Workers' Compensation," Boggs addresses in clear, jargon-free English many of the concepts, policies and practices in workers compensation that brokers, risk advisors, and corporate risk managers need to know. The chapters, such as on which injuries and which workers are covered, free the reader from having to wade through dense legal and regulatory treatises. Boggs explains to non-lawyers legal aspects of workers compensation. If you need to use the book as little as one time a year, get it, because you'll probably need it much more often.

Download or read book The Handbook of Occupational and Environmental Medicine written by Tee L. Guidotti and published by Bloomsbury Publishing USA. This book was released on 2020-10-27 with total page 1227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides health professionals with a single, accessible, and interesting source to prepare for the field of occupational and environmental medicine. The new edition is extensively updated and includes questions for review in preparation for taking exams. This set is designed to be a thorough introduction for physicians entering the occupational and environmental medicine field, whether preparing for specialty examinations or moving into the field from other medical specialties or from primary care. It also serves as a convenient guide and reference for nurses, health professionals, and those outside of health care who need a quick orientation. The set is written with a strong and coherent point of view about the value of occupational and environmental medicine and commitment to ethical, worker-centered practice. It is unusual in the depth of its coverage; its inclusion of important topics that are usually overlooked in textbooks of the field, such as risk science; its emphasis on good management of occupational health services; and its thorough integration of material that fits topics together rather than presenting them as if they were separate and unrelated.

Download or read book Medical Fee Schedule written by and published by . This book was released on 1995 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workmen s Compensation Law written by Michigan and published by . This book was released on 1915 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Promoting Legal and Ethical Awareness written by Ronald W. Scott and published by Elsevier Health Sciences. This book was released on 2008-04-08 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining the best of author Ron Scott’s books, Promoting Legal Awareness in Physical and Occupational Therapy and Professional Ethics: A Guide for Rehabilitation Professionals, his newest text Promoting Legal and Ethical Awareness: A Primer for Health Professionals and Patients includes the latest case, regulatory, and statutory law. This valuable ethical and legal resource also includes an alphabetized section on HIPAA, current information on the reauthorized IDEA (Individuals with Disabilities Act), and expanded coverage of alternative dispute resolution and attorney-health professional-client relations. Cases and Questions allow you to apply key legal and ethical principles to a rehabilitation practice situation. Special Key Term boxes introduce and define important vocabulary to ensure your understanding of chapter content. Additional resource lists in each chapter include helpful sources for articles, books, and websites to further your learning. Case Examples let you put new ideas and concepts into practice by applying your knowledge to the example. Legal Foundations and Ethical Foundations chapters introduce the basic concepts of law, legal history, the court system, and ethics in the professional setting to provide a solid base for legal and ethical knowledge. An entire chapter devoted to healthcare malpractice provides vital information on practice problems that have legal implications, the claim process, and claim prevention. An extended discussion of the Americans with Disabilities Act informs you of your rights as an employee as well as the challenges faced in the workforce by your rehabilitation patients. Content on employment legal issues includes essential information for both employees and employers on patient interaction and the patient’s status in the workplace. Coverage of end-of-life issues and their legal and ethical implications provides important information for helping patients through end-of-life decisions and care.

Download or read book Elements of Ergonomics Programs written by Alexander L. Cohen and published by DIANE Publishing. This book was released on 1997 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: College Koreanoffers a comprehensive introduction to the Korean language designed for American students. Rogers, You, and Richards have used their many years of teaching to devise and test an approach that balances reading and writing with the spoken language. The result is a well-rounded textbook suited to a yearlong course in which students learn to conduct conversations about their own lives and interests, read texts written inhangul, and write simple compositions. The book systematically introduces basic Korean grammar, a contextualized vocabulary, and styles of speech that are sociolinguistically appropriate for college students. Each of its 26 lessons contains a dialogue or a reading, practice patterns, relevant grammar notes, and exercises. Approximately 150 Sino-Korean characters are also introduced, and complete glossaries and grammar indexes are provided.

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Understanding the Law for Physicians Healthcare Professionals and Scientists written by Marshall S. Shapo and published by Taylor & Francis. This book was released on 2018-04-17 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many workers in medicine, healthcare administration, science, and technology, no matter how strong their academic degrees or how distinguished their careers, find themselves baffled, frustrated, and even angered by their encounters with the law. Some of those occasions may lead to the need for a lawyer. But many of the bafflements and frustrations arise from ignorance about what the law is, including how it operates. Over more than a half century of inquiry into the relations between law and science, and through numerous conversations with physicians, scientists, and healthcare professionals whose work rests on technological development, the author realized that they often desire more knowledge about the operations of the law and the legal system. This book seeks to provide basic knowledge about the law in realms where these professionals often encounter it, primarily in areas where activities pose risks of personal injury. This book discusses two basic types of law: civil litigation and other remedies afforded to persons who ascribe injuries to the conduct or product of others, and direct regulation by the government of the levels of safety in those areas. Principal practical applications of this knowledge lie in ways to minimize risk, both in the primary sense and in efforts to avoid litigation over injuries, and in how to present arguments about policy to government officials who write laws and regulations.

Download or read book Disaster Mental Health Services written by Diane Garaventa Myers and published by Psychology Press. This book was released on 2005 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text assists mental health clinicians and traumatologists in 'making the bridge' between their clinical knowledge and skills and the unique, complex, chaotic and highly political field of disaster. It combines information from prior research with the authors' practical experience in the field.