Davis Polk Recruit Ex-SEC Aide
Headline Legal News
Law firm Davis Polk & Wardwell recruited the Securities andExchange Commission's former enforcement chief and another formerhigh-level government lawyer to join its white-collar defense group,part of an effort to expand its Washington practice.
Linda Chatman Thomsen, who left the SEC earlier this year, and RaulYanes, former staff secretary to President George W. Bush, are joiningthe law firm as partners.
Both had worked at Davis Polk in New York before joining the government.
The duo will be the first litigators in the 11-person Washington office in years.
FormerSEC Commissioner Annette Nazareth and Robert Colby, a former deputydirector of the SEC's trading and markets division, also recentlyjoined the firm's Washington office to focus on financial regulatoryissues.
Davis Polk clients, including large financialinstitutions, are closely entangled with the government as it haspumped billions of dollars into financial rescue plans. Congress isstudying new regulation of financial markets.
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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.