Web Page Disclaimers in New Hampshire

Ethics

Web Page Disclaimers in New Hampshire

Effective January 1, 2008, New Hampshireadopted a rule that clearly protects persons who, in good faith, e-mailconfidential information to a lawyer from having the lawyer use theinformation against the prospective client.  The comments to NewHampshshire Rule 1.18 provide in part: “Inits version of these provisions, New Hampshire’s rule eliminates theterminology of ‘discussion’ or ‘consultation’ and extends theprotections of the rule to persons who, in a good faith search forrepresentation, provide information unilaterally to a lawyer whosubsequently receives and reviews the information.  This changerecognizes that persons frequently initiate contact with an attorney inwriting, by e-mail, or in other unilateral forms, and in the processdisclose confidential information that warrants protection.”

The rule no doubt makes it more important for NH lawyersto use effective disclaimers on their web pages.

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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.

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