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 Longshoremen s and Harbor Workers Compensation Act written by and published by . This book was released on 1958 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prevailing Wage Rate Laws written by United States. Bureau of Labor Statistics and published by . This book was released on 1935 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Domestic Service Employees written by United States. Employment Standards Administration and published by . This book was released on 1979 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report written by United States. Congress. House and published by . This book was released on with total page 1314 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Workmen s Compensation Laws as of written by and published by . This book was released on 1957-08 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supplemental Studies for the National Commission on State Workmen s Compensation Laws written by and published by . This book was released on 1973 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: USA. Compilation of research and survey reports comprising a comprehensive study and evaluation of local level labour legislation relating to employment accident benefits to determine if such laws provide an adequate, prompt and equitable system of compensation - reports on protection against interruption of income, provision of sufficient rehabilitation and health services, encouragement of occupational safety, administrative aspects and efficiency, etc. Graphs, references and statistical tables.
Download or read book Premiums and Losses written by and published by . This book was released on 1921 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supplemental Studies for the National Commission on State Workmen s Compensation Laws written by United States. National Commission on State Workmen's Compensation Laws and published by . This book was released on 1973 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report written by United States. Congress Senate and published by . This book was released on with total page 1204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Processing of Workmen s Compensation Cases written by Monroe Berkowitz and published by . This book was released on 1967 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Workmen s Compensation Laws written by United States. Bureau of Labor Standards and published by . This book was released on 1960 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Accident reporting and analysis in forestry written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2018-04-16 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource-based industries like agriculture, fishing, mining and forestry suffer higher incidences of work-related accidents and illnesses than other occupational sectors. This document provides guidance for a wide spectrum of forestry stakeholders. The guidance emphasizes forestry accident investigation leading to accident reporting and subsequent analysis of the accident summaries. Forestry accident and illnesses are discussed and worldwide comparisons are made. Accident reporting forms are examined and sample forms supplied. Examples of successful safety and health improvements from accident analysis are shown. Laws and regulations regarding worker safety and health are examined and various approaches discussed. A summary, outlook and recommendations lead to future improvements to forestry reporting and analysis. The bibliography and references rely heavily on accessible internet and electronic sources.
Download or read book National Union Catalog written by and published by . This book was released on with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.
Download or read book Insurance Arrangements Under Workmen s Compensation written by Chester Arthur Williams and published by . This book was released on 1970 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: USA. Report on the employment accident benefit system and on the different types of insurance contracts bought by employers to enable them to meet their liability to compensate employees in the event of occupational diseases and occupational accidents - covers self-insurance, private sector and group insurance, comments on relevant labour legislation and includes the text of a questionnaire relating to the administration of security requirements. References and statistical tables.
Download or read book Recognizing Public Value written by Mark H. Moore and published by Harvard University Press. This book was released on 2013-02-15 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark H. Moore’s now classic Creating Public Value offered advice to public managers about how to create public value. But that book left a key question unresolved: how could one recognize (in an accounting sense) when public value had been created? Here, Moore closes the gap by setting forth a philosophy of performance measurement that will help public managers name, observe, and sometimes count the value they produce, whether in education, public health, safety, crime prevention, housing, or other areas. Blending case studies with theory, he argues that private sector models built on customer satisfaction and the bottom line cannot be transferred to government agencies. The Public Value Account (PVA), which Moore develops as an alternative, outlines the values that citizens want to see produced by, and reflected in, agency operations. These include the achievement of collectively defined missions, the fairness with which agencies operate, and the satisfaction of clients and other stake-holders. But strategic public managers also have to imagine and execute strategies that sustain or increase the value they create into the future. To help public managers with that task, Moore offers a Public Value Scorecard that focuses on the actions necessary to build legitimacy and support for the envisioned value, and on the innovations that have to be made in existing operational capacity. Using his scorecard, Moore evaluates the real-world management strategies of such former public managers as D.C. Mayor Anthony Williams, NYPD Commissioner William Bratton, and Commissioner of the Minnesota Department of Revenue John James.
Download or read book Oregon Voter written by and published by . This book was released on 1918 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
