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Don’t Lose Your Head! Or Arm, Leg, or Other Body Parts: How Workers’ Compensation Subrogation Professionals Can Still Obtain Lien Recoveries Despite Worker Error (Part 2)

2020 National Association of Subrogation Professionals Spring Conference (Nashville, TN) | April 24, 2020

A viable claim has been identified – now what? Many subrogation professionals mistakenly believe when an initial investigation yields positive theories, recovery is certain. This is not always true. While initial product liability theories may sound good, additional information, through discovery and/or research, may be needed in order to confirm whether those theories are solid, or nothing more than puffery.

Robert Caplan and Brett Tishler will co-present at the National Association of Subrogation Professionals (NASP) 2020 Spring Conference. Building on the discussion in Part I, their presentation will address - with a goal towards resolution - what additional steps are required to flesh out product liability theories of recovery, including preparation of the expert, when a casual observer would simply shut the matter down.

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