A subrogation investigation is more than a routine step in the workers’ compensation process; it’s a strategic and financial necessity. Promptly identifying third-party liability and aggressively pursuing recovery can significantly reduce claim costs, improve loss history, and deliver overall better claim outcomes.
From Identification to Action
Effective subrogation begins with early intervention. Quickly detecting third-party involvement, whether a product, contractor, property owner, or medical provider, lays the groundwork for recovery. At the same time, flagging roadblocks early (e.g., waiver agreements) avoids chasing non-viable claims. Promptly notifying potentially liable third parties and governmental entities, when applicable, protects recovery rights. Delays cost more than just time; they can eliminate recovery altogether.
Establishing Third-Party Liability
Identifying responsible parties and developing a clear theory of liability (e.g., premises, general negligence, medical malpractice, and product liability) is vital to successful subrogation. It is essential to determine whether a third party, such as a manufacturer, landlord, or public entity, breached a duty of care that led to the injury.
Core Components for Subrogation Success
Effective recovery requires a well-executed and thorough investigation, careful assessment, and strategic prosecution. Each claim is unique, requiring a tailored approach based on the specific facts and circumstances.
Every step matters, from identification through litigation. Successful recovery demands experienced claim professionals, a proactive approach, and collaboration. CCMSI’s Subrogation Unit combines centralized coordination with industry expertise to rapidly detect opportunities, streamline the recovery process, and reduce overall claim costs.
Brian L. Poust, Esq.
Professional Experience
With over three decades of experience in the insurance industry, Mr. Poust is a vice president at Cannon Cochran Management Services, Inc. (CCMSI), working closely with clients, brokers, carriers, legal counsel, and CCMSI staff to ensure timely investigation, negotiation, and claim resolution.
Before joining CCMSI in 2004, Mr. Poust built a foundation in the industry as an adjuster at Aetna Life and Casualty, managing workers’ compensation and commercial general liability claims for national accounts, including JA Jones, Peter Kiewit, and Morrison Knudsen. Following several promotions, he transitioned into the legal field, earning a Juris Doctor from the University of Illinois College of Law in 1993. Mr. Poust practiced law as a defense attorney at the prominent Chicago law firm Cassiday Schade LLP, specializing in construction litigation, coverage, and product liability. His legal expertise and claims management knowledge provided a unique advantage when he returned to the insurance industry.
His career continued to evolve as he joined third-party administrator McLarens Toplis, and then Ward North America, supervising adjusters and managing claims. Throughout his career, Mr. Poust has gained extensive experience working with public entities, a diverse range of carriers, self-insured clients, and the London market. Combining his insurance expertise, legal knowledge, and client-focused approach, Mr. Poust is a respected leader at CCMSI, driving successful outcomes for clients and ensuring their claims are handled efficiently and professionally.
Education and Professional Training
Mr. Poust graduated as salutatorian from Blackburn College in 1987 with a degree in Business Administration and a minor in Economics, and later with honors from the University of Illinois College of Law in 1993. He attended Aetna Life and Casualty’s Claims School in 1987 and has completed several courses through the Chicago Insurance Institute.
CCMSI: Mitigating losses and maximizing recovery for our clients since 1978.
