Archive for the ‘Workers' Compensation’ Category

Effort to curb Medicare costs raises questions

Roberto Ceniceros

Insurers and self-insured employers face a Dec. 31 deadline to register with a federal agency, but numerous questions remain about what workers compensation and liability claims data must be fed into the Medicare system, several experts say. Read more

In 2009, several medical malpractice tort reform bills were introduced to eliminate subrogation rights for all types of lines, including workers’ compensation, health and disability.

Wyoming’s House Bill sought to amend worker’s compensation statutes reducing subrogation recoveries for the injured party’s attorney’s fees. The bill ordered “Any recovery by the state shall be reduced pro rata for attorney fees and costs in the same proportion as the employee is liable for fees and costs.”

Kentucky House Bill seeks to reduce worker’s compensation recoveries for attorney’s fees.

South Dakota’s Senate Bill 26 clarifies that a ruling by an employer that a bill or injury is not work related creates a presumption that the bill or injury is “non-work” related for purposes of any other insurance. An exclusion in an auto, health or disability policy for work related injuries would not apply. If the bill or injury is later determined to be “work-related”, then the proposed statute would obligate the employer to reimburse the health, auto or disability insurer for their payments.

NASP, www.subrogation.org

On June 8, 2009, Maine’s Governor signed into law legislation to reverse the Maine Supreme Court’s decision in Legassie vs. Securities, Inc. See Maine Senate B. 500. The bill clarifies that there will be no reduction of future workers’ compensation benefits to an employee due to a lump sum settlement of a prior work related injury. The bill applies retroactively to all injuries including pending cases and those on appeal.
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NASP, www.subrogation.org

Connecticut has introduced a bill that would reduce every Workers’ Compensation subrogation claim for the injured employee’s attorney fees and necessary expenses. See Connecticut House Bill 6683 as amended. Connecticut’s law provides that the employer does get the first recovery dollar once a reduction for attorney fees is calculated when the employer joins as a party plaintiff in the litigation. If the employee sues, then the claim of the employer automatically gets reduced by one-third for attorney fees. The amended statute exempts the State, political subdivisions and the Second Injury Fund from any such attorney fee reduction. Connecticut law seeks to ensure employee attorneys recover their fees from the employer once a case is filed. This bill failed for now as the legislative session ended.