Bar association moving to first permanent location

Headline Legal News

The Hillsborough County Bar Association will hold a grand opening for its new offices on Feb. 27.

The Chester H. Ferguson Law Center, a 17,000-square-foot facility located at 1610 N. Tampa St. and adjacent to Stetson University's College of Law in Tampa, is will be the bar association's first permanent location. It will contain administrative offices for the bar association and the Hillsborough County Bar Foundation, meeting rooms for continuing legal education programs, a lounge, mediation rooms and a ballroom.

Founded in 1896, the Hillsborough County Bar Association has more than 3,700 members and is the largest voluntary bar association in the Florida.

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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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