Bryan A. Lowe & Associates - Las Vegas Tax Law

Law Firm Marketing

Founded in 1982, Bryan A Lowe & Associates is a law firm based in Las Vegas, Nevada. The firm provides a wide range of services, primarily in the areas of estate planning, probate, bankruptcy, general business (corporate, partnership, and proprietorship), taxation, real estate, asset protection, and elder care.

The firm was founded on a philosophy of service that not only emphasizes quality representation in terms of experience and expertise - but places a high value on initiating appropriate actions to meet the client's legal needs and objectives. Particular stress is also placed on providing individualized service and achieving the desired results while working in a cost-effective manner.

At Bryan A Lowe & Associates, we handle a wide variety of legal cases, including the areas listed below. If you need an elder law, estate planning, corporate, tax, or probate lawyer, see the information below or contact an attorney.

   / Elder Law
   / Estate Planning
/
   / Corporate and Tax Law
/
   / Probate and Estate Administration
/
   / Bankruptcy


http://www.bryanalowe.com/practice_areas.html

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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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