The Subrogation Strategist

Doubling down on the often quoted phrase: “All is sunny in Workers’ Compensation Subrogation,” just last week, the Supreme Court of Nevada (Supreme Court) provided a huge win for workers’ compensation subrogation professionals.

In Amtrust N. Am., Inc. v. Vasquez, No. 84974, 2024 Nev. Lexis 51, the Supreme Court overruled the much-maligned Breen ^[1] decision/formula and the Poremba ^[2] decision’s limitation on economic damages. The Supreme Court held that workers' compensation insurers may now rely wholly upon NRS 616C.215(5), Nevada’s lien reimbursement statute, to determine the amount an insurer can recover on its lien.Continue Reading

Brett Tishler, Partner, and Michael Abed, Associate, are back to host the newest episode of Subro Sessions. This is the second of a two-part #podcast series, entitled “Workers’ Compensation Subrogation - Tales by the Water Cooler: Part II– We Got a New Claim, Now What?” Brett and Michael are joined again by a surprise guest, Rob Caplan, Partner, to discuss a new workers’ compensation #subrogation case. Rob talks about a new loss and gives a critical look into the specifics into the investigation, experts, and other factors to determine if there is potential for recovery.Continue Reading

Brett Tishler, Partner, and Michael Abed, Associate, are back to host the newest episode of Subro Sessions. This is the first of a two-part podcast series, entitled “Workers’ Compensation Subrogation Tales by the Water Cooler: Part I – How to Handle a Case—AKA—What Are We Getting Ourselves Into?” Brett and Michael are joined by a special guest, Rob Caplan, Partner, to trade stories and discuss the many moving parts in workers’ compensation #subrogation—and the many moving parts to consider when dealing with a new claim in order to obtain a recovery.

Mark your ... Continue Reading