Author: Michael Sullivan
Publisher:
ISBN: 9780615432199
Category : Workers' compensation
Languages : en
Pages :
Book Description
Sullivan on Comp
Author: Michael Sullivan
Publisher:
ISBN: 9780615432199
Category : Workers' compensation
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9780615432199
Category : Workers' compensation
Languages : en
Pages :
Book Description
How to Save Big on Workers' Compensation
Author: Adam Friedlander
Publisher:
ISBN: 9780615442297
Category : Business & Economics
Languages : en
Pages : 152
Book Description
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
Publisher:
ISBN: 9780615442297
Category : Business & Economics
Languages : en
Pages : 152
Book Description
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
Managing Workers' Compensation
Author: Keith Wertz
Publisher: CRC Press
ISBN: 1040075614
Category : Business & Economics
Languages : en
Pages : 206
Book Description
Laying out management and safety procedures that reduce injuries and the aggravation that follows, this book covers hiring, training, and managing employees with injury avoidance in mind. The authors provide a blueprint for dealing with injured employees and their families, and for determining the correct time for the employee to return to work. The book discusses the all-important issues of fraud, modified duty, substance abuse testing, and accident investigations. It also provides guidance for managing safety efforts in a manner that controls workers' compensation cost. The book shows readers how they can impact - favorably - the amount their organization pays in premiums.
Publisher: CRC Press
ISBN: 1040075614
Category : Business & Economics
Languages : en
Pages : 206
Book Description
Laying out management and safety procedures that reduce injuries and the aggravation that follows, this book covers hiring, training, and managing employees with injury avoidance in mind. The authors provide a blueprint for dealing with injured employees and their families, and for determining the correct time for the employee to return to work. The book discusses the all-important issues of fraud, modified duty, substance abuse testing, and accident investigations. It also provides guidance for managing safety efforts in a manner that controls workers' compensation cost. The book shows readers how they can impact - favorably - the amount their organization pays in premiums.
The Insurance Professional's Practical Guide to Workers' Compensation
Author: Chris Boggs
Publisher: Lulu.com
ISBN: 0578020963
Category : Business & Economics
Languages : en
Pages : 224
Book Description
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.
Publisher: Lulu.com
ISBN: 0578020963
Category : Business & Economics
Languages : en
Pages : 224
Book Description
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.
Workers' Compensation Law
Author: Bevans
Publisher: Cengage Learning
ISBN: 9781418018290
Category : Workers' compensation
Languages : en
Pages : 317
Book Description
Workersa Compensation Law provides an in-depth look at the day-to-day practice of this field while addressing theoretical aspects that form a critical foundation for this branch of law. Reviews how a worker's compensation case begins and explains activities involved in those cases, such as drafting petitions, presenting cases to an administrative law judge, and bringing an appeal. The theoretical basis of the material is laid out in easy to understand and enjoyable format reinforced with practical real-life examples. Although written with paralegal-specific information, the content includes information vital to anyone dealing with Workersa Compensation issues.
Publisher: Cengage Learning
ISBN: 9781418018290
Category : Workers' compensation
Languages : en
Pages : 317
Book Description
Workersa Compensation Law provides an in-depth look at the day-to-day practice of this field while addressing theoretical aspects that form a critical foundation for this branch of law. Reviews how a worker's compensation case begins and explains activities involved in those cases, such as drafting petitions, presenting cases to an administrative law judge, and bringing an appeal. The theoretical basis of the material is laid out in easy to understand and enjoyable format reinforced with practical real-life examples. Although written with paralegal-specific information, the content includes information vital to anyone dealing with Workersa Compensation issues.
Savings Fitness
Author: Barry Leonard
Publisher: DIANE Publishing
ISBN: 9781422319024
Category : Business & Economics
Languages : en
Pages : 32
Book Description
Many people mistakenly believe that Social Security (SS) will pay for all or most of their retire. needs, but the fact is, since its inception, SS has provided little protection. A comfortable retire. usually requires SS, pensions, personal savings & invest. The key tool for making a secure retire. a reality is financial planning. It will help clarify your retire. goals as well as other financial goals you want to ¿buy¿ along the way. It will show you how to manage your money so you can afford today¿s needs yet still fund tomorrow¿s. You¿ll learn how to save your money to make it work for you & how to protect it so it will be there when you need it. Explains how you can take the best advantage of retire. plans at work, & what to do if you¿re on your own. Illustrations.
Publisher: DIANE Publishing
ISBN: 9781422319024
Category : Business & Economics
Languages : en
Pages : 32
Book Description
Many people mistakenly believe that Social Security (SS) will pay for all or most of their retire. needs, but the fact is, since its inception, SS has provided little protection. A comfortable retire. usually requires SS, pensions, personal savings & invest. The key tool for making a secure retire. a reality is financial planning. It will help clarify your retire. goals as well as other financial goals you want to ¿buy¿ along the way. It will show you how to manage your money so you can afford today¿s needs yet still fund tomorrow¿s. You¿ll learn how to save your money to make it work for you & how to protect it so it will be there when you need it. Explains how you can take the best advantage of retire. plans at work, & what to do if you¿re on your own. Illustrations.
Chomp Comp
Author: Barry S. Spurlock
Publisher: Lighted Path Publishers
ISBN: 0979712726
Category : Employers' liability insurance
Languages : en
Pages : 290
Book Description
A staggering 98% of all private-sector businesses in the U.S. are small businesses. With very few exceptions, these employers are required to purchase workers¿ compensation insurance. For many, the cost of providing that coverage takes a significant bite out of their company¿s profits. Unfortunately, resources that are specifically targeted to assist small businesses reduce their workers¿ compensation costs are nearly non-existent. As a result, the overwhelming majority of small business employers learn how to manage their workers¿ compensation costs through years of trial and error. Unfortunately, they pay for those errors through much higher than necessary workers¿ compensation premiums. CHOMP COMP is written specifically to small businesses owners and managers and is intended to be used as a resource and guide. Although CHOMP COMP assumes that the reader knows nothing about workers¿ compensation insurance, it does not delve into impractical timelines explainaing the evolution of workers¿ compensation insurance. Nor does it list specific details about workers¿ compensation legislation that are bound to change within months of the book¿s publication. Instead, CHOMP COMP provides practical information to help small business employers understand workers¿ compensation insurance and the factors that influence premiums. From there, it tackles the those factors one after another. The authors have taken great effort to present the material in an easy to-read format and have intentionally limited the length of the chapters to enable small business employers to read and digest chapters in the spare 15 to 20 minutes they can carve out of their busy schedules.
Publisher: Lighted Path Publishers
ISBN: 0979712726
Category : Employers' liability insurance
Languages : en
Pages : 290
Book Description
A staggering 98% of all private-sector businesses in the U.S. are small businesses. With very few exceptions, these employers are required to purchase workers¿ compensation insurance. For many, the cost of providing that coverage takes a significant bite out of their company¿s profits. Unfortunately, resources that are specifically targeted to assist small businesses reduce their workers¿ compensation costs are nearly non-existent. As a result, the overwhelming majority of small business employers learn how to manage their workers¿ compensation costs through years of trial and error. Unfortunately, they pay for those errors through much higher than necessary workers¿ compensation premiums. CHOMP COMP is written specifically to small businesses owners and managers and is intended to be used as a resource and guide. Although CHOMP COMP assumes that the reader knows nothing about workers¿ compensation insurance, it does not delve into impractical timelines explainaing the evolution of workers¿ compensation insurance. Nor does it list specific details about workers¿ compensation legislation that are bound to change within months of the book¿s publication. Instead, CHOMP COMP provides practical information to help small business employers understand workers¿ compensation insurance and the factors that influence premiums. From there, it tackles the those factors one after another. The authors have taken great effort to present the material in an easy to-read format and have intentionally limited the length of the chapters to enable small business employers to read and digest chapters in the spare 15 to 20 minutes they can carve out of their busy schedules.
The WorldatWork Handbook of Total Rewards
Author: WorldatWork
Publisher: John Wiley & Sons
ISBN: 1119682444
Category : Business & Economics
Languages : en
Pages : 421
Book Description
Equip yourself to manage, motivate, compensate, and reward everyone in this workplace revolution The future of work is here. From the shift to Millennials and Gen Z in the workforce to the advent of the Fourth Industrial Revolution and the Gig Economy, the world of work and rewards has significantly changed since the initial WorldatWork Handbook was published. Human resources and total rewards professionals need tools to equip them to manage a changing workforce. This completely revised second edition addresses the challenging and disruptive issues facing employers today and tomorrow. The WorldatWork Handbook of Total Rewards is the definitive authority on compensation and rewards from the leading global nonprofit organizations for professionals who are engaged in the critically important practice of total rewards. This book is a go-to resource for all business professionals and leaders who reward and create productive, committed and inspired workforces worldwide. Readers will learn the basics of rewards, along with a deep dive and high-level view of how rewards programs enable organizations to deliver on their brand promises and perform at their optimal level. Gain a thorough understanding of compensation and benefits, along with employee well-being, development, and recognition, all updated to address the realities of today’s workplace. Understand why the Millennial and Gen Z workforce requires a different value proposition, and how to meet their needs. Discover the tools and techniques you need to help you reskill and become a highly valued workforce contributor and leader in the digital era. Learn how to attract, retain, and engage talent by building a healthy workplace culture and employing unique incentives that drive high performance and loyalty. Technical enough for specialists but broad in scope for managers and HR generalists, this well-rounded resource belongs on the desk of anyone interested in organizational effectiveness. An indispensable tool for understanding and implementing the total rewards concept, The WorldatWork Handbook of Total Rewards, Second Edition is the key to designing programs and practices that ensure employee engagement and organizational success.
Publisher: John Wiley & Sons
ISBN: 1119682444
Category : Business & Economics
Languages : en
Pages : 421
Book Description
Equip yourself to manage, motivate, compensate, and reward everyone in this workplace revolution The future of work is here. From the shift to Millennials and Gen Z in the workforce to the advent of the Fourth Industrial Revolution and the Gig Economy, the world of work and rewards has significantly changed since the initial WorldatWork Handbook was published. Human resources and total rewards professionals need tools to equip them to manage a changing workforce. This completely revised second edition addresses the challenging and disruptive issues facing employers today and tomorrow. The WorldatWork Handbook of Total Rewards is the definitive authority on compensation and rewards from the leading global nonprofit organizations for professionals who are engaged in the critically important practice of total rewards. This book is a go-to resource for all business professionals and leaders who reward and create productive, committed and inspired workforces worldwide. Readers will learn the basics of rewards, along with a deep dive and high-level view of how rewards programs enable organizations to deliver on their brand promises and perform at their optimal level. Gain a thorough understanding of compensation and benefits, along with employee well-being, development, and recognition, all updated to address the realities of today’s workplace. Understand why the Millennial and Gen Z workforce requires a different value proposition, and how to meet their needs. Discover the tools and techniques you need to help you reskill and become a highly valued workforce contributor and leader in the digital era. Learn how to attract, retain, and engage talent by building a healthy workplace culture and employing unique incentives that drive high performance and loyalty. Technical enough for specialists but broad in scope for managers and HR generalists, this well-rounded resource belongs on the desk of anyone interested in organizational effectiveness. An indispensable tool for understanding and implementing the total rewards concept, The WorldatWork Handbook of Total Rewards, Second Edition is the key to designing programs and practices that ensure employee engagement and organizational success.
Workers' Compensation Subrogation In All 50 States - Fifth Edition
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616
Book Description
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?
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616
Book Description
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?
Analysis of Workers' Compensation Laws
Author:
Publisher:
ISBN:
Category : Workers' compensation
Languages : en
Pages : 764
Book Description
Publisher:
ISBN:
Category : Workers' compensation
Languages : en
Pages : 764
Book Description