Subrogation, Employer Liability Issues

Right to Subrogation for Medical Bill Payments Not Waived by Failing to Properly Preserve Issue at All Stages of Litigation,...

Marshall Dennehey on 2/27/2025

City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...more

Ninth Circuit Enforces Hawaii Anti-Reimbursement Statutes Against Insured Plan

Proskauer - Employee Benefits & Executive... on 10/2/2019

ERISA health care plans typically include reimbursement and subrogation clauses, which give plans a right to reimbursement of medical expenses paid on behalf of a beneficiary where the injury is caused by a third party. While...more

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

White and Williams LLP on 1/28/2019

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

No Citation? No Problem. Employers Can Now Submit A Request To Charge The Surplus Fund Without Proof Of A Motor Vehicle Citation

Roetzel & Andress on 9/14/2018

Since the passage of Ohio House Bill 207 in 2016, the Bureau of Workers’ Compensation has excluded the cost of a claim from an employer’s experience if the employer could establish that the claim resulted from a non-at-fault...more

Injured workers must inform BWC of third-party settlements

Bricker Graydon LLP on 4/24/2018

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

The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health...

Mintz - Employment Viewpoints on 8/22/2017

Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are...more