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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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§ 11.45 Utah
§ 11.45[1] Statutory Subrogation Rights
Workers' compensation subrogation in Utah is governed primarily
by § 34A-2-106.1 If an injury or death of a worker is caused by "the
wrongful act or neglect of a person other than the employer, officer,
agent, or employee of the employer," the worker may
simultaneously claim compensation and have an action against the
third party.2 Such a cause of action must be brought within Utah's
four-year statute of limitations for personal injury3 or the two-year
statute of limitations for wrongful death.4 It appears that product
liability cases may have to be brought within two years.5 Section
34A-2-106 reads as follows:
§ 34A-2-106. Injuries or death caused by wrongful acts of
persons other than employer, officer, agent, or employee of
employer-Rights of employer or insurance carrier in cause
of action-Maintenance of action-Notice of intention to
proceed against third party-Right to maintain action not
involving employee-employer relationship-Disbursement of
proceeds of recovery-Exclusive remedy.
(1) When any injury or death for which compensation is
payable under this chapter or Chapter 3, Utah Occupational
Disease Act is caused by the wrongful act or neglect of a
person other than an employer, officer, agent, or employee of
the employer:
(a) the injured employee, or in case of death, the
employee's dependents, may claim compensation; and
(b) the injured employee or the employee's heirs or
personal representative may have an action for
damages against the third person.
§ 11.45 Utah
§ 11.45[1] Statutory Subrogation Rights
§ 11.45[2] Third Parties
§ 11.45[3] Allocation of Third-Party Recovery
§ 11.45[4] Attorneys' Fees and Costs
§ 11.45[5] Credit/Advance
§ 11.45[6] Related Subrogation Issues
§ 11.45[7] Statutes of Limitations
§ 11.45[8] Workers' Compensation in Utah
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.
