This fantabulous topic, originally presented virtually “in-person” at NASP’s 2021 Annual Conference, is being brought to you via webinar in case you missed it the first time! Workers’ compensation involves a critical issue often overlooked: determining which state’s benefits apply to repaying a workers’ compensation lien. Depending on the jurisdiction, the ability to obtain a recovery can go from fantastic to abysmal. For example, what happens when the benefit state is Nevada, the employee resides in California and the injury occurs in Arizona?
This session will discuss why performing a proper choice of law analysis can help the workers’ compensation subrogation professional achieve the best recovery, despite being in a jurisdiction potentially disfavoring workers’ compensation subrogation.
Brett Tishler practices exclusively in the field of property and workers’ compensation subrogation throughout the United States. Brett represents a variety of major insurance carriers and individual claimants to secure complex recoveries in cases involving product liability, negligence, construction accidents, and premises liability litigation. In addition to recovering past liens in workers’ compensation subrogation cases, Brett often negotiates the closure of future workers’ compensation benefits in a global settlement.
Brett is known for approaching cases from all angles in order to find creative and effective methods of resolution. While a primary goal is to resolve cases in an efficient and cost-effective manner, Brett examines each case with the expectation it will go to trial and therefore is always fully prepared. He is committed to achieving the best results for his clients and handles all aspects of litigation, including client counseling, initial case assessment, discovery, motions/oral argument, trial and settlement.
Outside the courtroom, Brett frequently meets with insurance companies and employers to discuss various issues involving workplace accident and injury investigations. Such activities include providing training presentations or identifying workers' compensation subrogation issues and exploring all avenues of recovery. Brett has previously lectured at the National Association of Subrogation Professionals (NASP) Annual Conferences since 2018, and the NASP Spring Conference since 2020.