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Subrogation Claims Against COVID Vaccine Manufacturers

We have received questions from clients regarding the possibility of subrogation claims against the manufacturers of COVID-19 vaccines. The short answer is no. The reasons are interesting. The end result of injuries or claims by employees required to be vaccinated will likely fall on the workers’ compensation system. Under the...

What Is the Difference Between Third-Party Credit and Subrogation in the California Workers’ Compensation System?

Lately, we have received questions about the meaning of credit in the context of a workers' compensation subrogation practice. We draw your immediate attention to California Labor Code § 3861. It's important to understand the right to subrogation recovery is distinct from the right to third-party credit. Simply stated, the...