DUI Lawyer Los Angeles

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Los Angeles DUI Lawyer

Law Firm Highlight of the Week

Michael Bialys, a Los Angeles DUI lawyer also known as theDUI Guy, is the former managing partner of a large criminal defense firm.  In his time in that role, he saw manymismanaged DUI cases and realized his true calling was to go into DUIdefense.  Mr. Bialys’s philosophy is thateveryone should be able to get a comprehensive and aggressive defense, and withthat ideal in mind he opened up his own DUI defense law firm.

Mr. Bialys prides himself on offering client orientedservices, focusing on one-on-one personal relationships with his clients.  He has a full understanding of the long termeffects of criminal records on areas of life such as employment opportunitiesand knows how important it is to get records expunged.  If you have been in a related accident andwish to be fully and comprehensively defended by a premier Los AngelesDUI lawyer, call Michael Bialys today at 1-888-DUI-1-GUY.

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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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