Matthiesen, Wickert & Lehrer S.C.
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Latest posts
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When Protecting A California Work Comp Lien Requires More Than A Notice Of Lien: The Hidden Cost of Procedural Missteps
New California decision illustrates why protecting a workers’ compensation lien—and the equally valuable future credit—often requires more than simply notifying the parties of the carrier’s interest. Workers’ compensation subrogation is one of the few areas of insurance recovery…
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Bring Your Tractor to School Day! But Is It Covered?
Woller v. Scottsdale Ins. Co., No. 2024AP500 (Wis. Ct. App. Sept. 29, 2026) (unpublished). In May 2022, 14-year-old Landen Klockziem’s parents let him drive their International 656 tractor approximately 15 miles to school. In the parking lot, he ran over a fellow student’s foot.…
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When Does ERISA Preempt State Law? A Tale of Two Cases
Laurel Hill Mgmt. Servs. v. La-Z-Boy Inc., 25-1727 (6th Cir. Aug. 19, 2026). Cent. States v. McClain, 25-2727 (7th Cir. Aug. 26, 2026) ERISA preemption is one of the golden tickets in health subrogation. It is this concept that allows ERISA plans to escape the confines of…
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Why the Didion Mill Explosion Stayed in Workers’ Compensation
Dodge v. Didion Milling, Inc., 2025AP3 (Wis. App. Jul. 30, 2026) (per curiam). **“Per curiam” means the opinion was issued by the court as a whole rather than signed by one judge; this opinion is unpublished and generally cannot be cited as precedent in Wisconsin courts. One of…
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California Proposed Bill That would affect Wild Fires and Subrogation dies
California legislators proposed SB 492 to address victim payouts and utility liability regarding wildfires. The proposed legislation initially included a waiver of subrogation. However, an amended version of California SB 492 and the compromise were considerably better for the…
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Litigation Financing and the Disclosure Gap
The August 19, 2026 New York Times article, “How Wall St. Profits When Personal Injury Lawsuits Pay Out,” takes a hard look at the rapidly expanding world of litigation financing. Litigation financing can give an injured person short-term help with rent and other expenses while…
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When the Defendant is an Algorithm: Subrogation Enters the Age of Artificial Intelligence
For most of the history of automobile subrogation, determining who caused an accident has involved decidedly human questions. Who had the right-of-way? Who was speeding? Who ran the red light? Who failed to maintain a proper lookout? An automobile insurer pays its insured and…
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KENTUCKY-FRIED SUBROGATION: Supreme Court Delivers Carriers a Long-Overdue Victory in Kentucky Workers’ Compensation Subrogation K-VA-T Food Stores, Inc. v. Blackburn, 2026 WL 2510926 (Ky. 2026)
Kentucky has not been kind to workers’ compensation subrogation. In our 2023 article, “The Ten Best and Ten Worst States for Subrogating”, we ranked Kentucky as the fifth-worst state in the country. We wrote: Only recently has Kentucky become a bad jurisdiction for workers’…
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When is a Settlement a Settlement? The Two Words That Can Bind Your Company
In a previous article I wrote, “When Cases Settle: Release Language, Indemnity, Hold Harmless, and Other Concerns” (see HERE), I warned subrogation professionals about the dangers lurking in the seemingly routine release that arrives after a claim is settled. A seven-page…
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Opposing Counsel Is Not Your Recovery Counsel: The Fredach Decision Is A Wake-Up Call For Subrogation Recovery
Every experienced recovery professional understands the temptation. A plaintiff’s attorney acknowledges the lien, says it will be “protected,” and promises to deal with reimbursement when the injury claim resolves. The file appears to be under control. Everyone is communicating.…