Former Stanford Investment Advisers Push to Get Assets Unfrozen
Headline Legal News
The Fulton County Daily Reports states that when Stanford International Bank, the financial institution founded by larger-than-life Texan R. Allen Stanford, imploded earlier this year after the Securities and Exchange Commission accused the bank of fraud, assets belonging not just to investors but also to financial advisers once employed there were frozen.
Now, with the help of some Atlanta lawyers, those financial advisers are trying to get their money back.
Jason W. Graham of Graham & Penman, along with associate Eric L. Jensen and Fort Worth, Texas, lawyer Robert J. Wright, filed a motion in US District Court for the Northern District of Texas on July 28 seeking to modify the receivership order and to have accounts belonging to 10 former financial advisers at Stanford International Bank, or SIB, released.
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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.