Washington, DC Criminal Defense Lawyer
Bar Associations
Criminal defense should not be taken lightly and getting an attorney with experience is crucial so you are able to achieve your goals in each situation. Mr. Ney has represented criminal defendants in felony cases in both trial and appellate courts.
With extensive experience in litigating criminal appeals, he know what it takes to obtain the best possible outcome in the courts. He has also represented clients in felony and potential felony cases in state and federal trial courts and investigations.
Brad has represented criminal defendants in felony cases in both trial and appellate courts. Brad has extensive experience litigating criminal appeals on behalf of the Maryland Public Defenders’ Office. He has also represented clients in felony and potential felony cases in state and federal trial courts and investigations.
The Law Office of W. Bradley Ney
601 Pennsylvania Avenue, NW
Suite 900
Washington, DC 20004
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.