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Recent Blog Posts

Subrogation Recovery on a Workers’ Compensation Lien

Did you know that it is still possible to pursue subrogation recovery on a workers’ compensation lien for a lien that accrued outside of Ohio? You may pursue reimbursement of the workers’ comp lien up to two years from the date the lien was paid.

A Workers’ Compensation Dilemma

What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.

Tort Times: It’s All About Relationships

As you know from my last article, I haven’t been a practicing attorney for long. I will admit in the very beginning it was confusing to me when I received a file that referred to the adverse party as a “claimant.” But you only need to read a claim file from the same client about three to four times before that confusion disappears and you can clearly understand who and what that client is referring to.

Consumer Product Safety Commission Recalls

More and more, we are seeing property damage caused by water, fire, and explosions as a direct result of a defective product. Many firms litigate but few actually litigate a product liability matter to completion. This is why we are trying to work with you to bundle these files to increase the settlement value and decrease your operational costs associated with adjusting each claim.

What is a Political Subdivision

Some interesting highlights from the statute include county hospitals along with their commissioners and trustees, port authorities, fire and ambulance districts, waste management districts, and correctional facilities. Further, identical language is contained in ORC 3345.50(B)(2) which applies to state universities and colleges.

Sub-contractor Liability

From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a contract, or other factors discussed later, one who hires an independent or sub-contractor is not responsible for the negligence of that person or company. In terms of subrogation this can be quite frustrating.

Midea Dehumidifiers Recalled

Midea dehumidifiers can overheat, smoke and catch fire, posing serious fire and burn hazards. Similar to our arrangement with Gree, we are working with their counsel to quickly resolve these files.

Product Recalls and Defects

Recently, we have effectively litigated product liability matters involving residential and commercial appliances, gas explosions, cellulose insulation, and sprinkler, plumbing and other water losses. Therefore, we believe we should inform you of the following Consumer Product Safety Commission (CPSC) recalls.

Subrogation Recovery Following a Natural Disaster

When property damage or other injuries occur in the context of an Act of God, an insurer should not conclude that subrogation is not possible due to the Act of God defense. Although the Act of God may be a large contributing factor to a particular injury or damage claim, there is potential for subrogation against a party whose human factor contributed to the damages sustained. In reality, subrogation in the context of an Act of God is not different from subrogation in the context of any property damage or injury claim.

Federal Rule of Evidence 702 and Daubert

One cornerstone of the admissibility of expert testimony is whether it is reliable. A challenge to the admissibility of expert testimony is generally known as a Daubert challenge, after a United States Supreme Court case that set forth factors for a court to consider in determining whether an expert’s testimony is reliable.