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Workers' Compensation Subrogation In All 50 States - 5th Edition - Hardcover
Workers' Compensation Subrogation In All 50 States - 5th Edition - Electronic
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§ 11.36 Ohio
§ 11.36[1] Statutory Subrogation Rights
Workers' compensation subrogation in Ohio has gone through
major transformations since it was ruled unconstitutional in 2001.
Although subrogation is currently a statutory right of carriers and
self-insured employers, it has been a bumpy road.1 On June 27, 2001,
the entire Ohio workers' compensation subrogation statute was
struck down by the Ohio Supreme Court on state constitutional
grounds.2 In Holeton, the Ohio Supreme Court held that the provision
of the old workers' compensation subrogation statute which gave the
workers' compensation carrier a current collectible interest in
estimated future expenditures was unconstitutional as violating a
worker's guarantee to due process and the right to private property.3
While the court upheld the workers' compensation system in general,
it declared the workers' compensation subrogation statute to be
unconstitutional.
In Holeton, the plaintiffs challenged the ability of a workers'
compensation carrier to be subrogated to and recover past and future
benefits made under the Workers' Compensation Act in Ohio. Rick
Holeton was a construction worker employed by Harper Structures,
Inc., and was injured in 1998 while working on the job and received
workers' compensation benefits from the Bureau of Workers'
§ 11.36 Ohio
§ 11.36[1] Statutory Subrogation Rights
§ 11.36[2] Third Parties
§ 11.36[3] Allocation of Third-Party Recovery
§ 11.36[4] Attorneys' Fees and Costs
§ 11.36[5] Credit/Advance
§ 11.36[6] Related Subrogation Issues
§ 11.36[7] Statutes of Limitations
§ 11.36[8] Workers' Compensation in Ohio
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. Mr. Wickert is also a politician in Wisconsin, serving his fourth term as Town Supervisor in the Township of Cedarburg. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., he returned to his native Wisconsin in 1998 and co-founded the firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 300 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 250 insurance companies. Gary Wickert is also a commercial fiction author and his latest political thriller, Dark Redemption (Tudor Publishers), is available on Amazon.com.
Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also nationally certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA), for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly twenty-five years, he has also served as an expert witness on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named one of Law & Politics and Milwaukee Super Lawyers magazine's Super Lawyers for 2005, 2006, and 2008. For a complete resume on Gary L. Wickert, see Appendix A-13 of this book.
