The Societal Benefits of Subrogation

By Gary Wickert | December 6, 2012

  • December 6, 2012 at 7:24 pm
    glf4mny says:
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    While this is a good article, a couple of things need to be added. Firstly, some States allow for a separate cause of action against the employer for gross negligence seeking punitive damages, thus circumventing the exclusive remedy doctrine of W/C.
    And secondly, it is next to impossible for a W/C carrier to successfully pursue and enforce a subrogation claim in the claimant’s name against a responsible tortfeasor if the W/C claimant does not want or care to pursue that 3rd party claim.

  • December 10, 2012 at 12:23 pm
    Linda Joy Adams says:
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    But: Congress neglected the whole issue when they passed Part D Medicare. No Recovery provisions! So Medical does not include prescription drugs and if one qualifies for low income help through states, they end of paying the non recoverable costs at un negotiated prices for drugs. Congress really needs to read what they pass?



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