Where Am I and How Did I Get Here? Determining Which State Law Applies to Your Workers’ Compensation Subrogation Recovery
Workers’ compensation involves a critical issue often overlooked: determining which state’s benefits apply to repaying a workers’ compensation lien. Depending on the jurisdiction, the ability to obtain a recovery can go from fantastic to abysmal. For example, what happens when the benefit state is Nevada, the employee resides in California and the injury occurs in Arizona? Brett Tishler will discuss why performing a proper choice of law analysis can help the workers’ compensation subrogation professional achieve the best recovery, despite being in a jurisdiction potentially disfavoring workers’ compensation subrogation.