Pettler & Miller LLP - Experienced Estate Planning Attorneys
Law Firm Marketing
The emphasis of our practice is in the area of probate and trust law. This includes advice, document drafting as well as any required or appropriate litigation. We handle Estate Planning, Probate, Trust Administration, Conservatorships, Guardianships and Probate/Trust and related Litigation. We also are pleased to have the assistance of Family Law Mediator Dianne C. Freeman in regard to family law issues which are pertinent to Estate Planning, Probate and Trust matters.
Experienced Palos Verdes Estate Planning Attorneys
Regardless of age or the size of an estate, everyone needs to do an estate plan. We provide tools to enable you to deal with the management and transfer of assets upon your death or incapacity. This can include naming a guardian of your children and managing your estate for their benefit until you think they are old enough to manage assets on their own.
With nearly 40 years of experience in the field, we can and do create estate planning documents that will implement your wishes, minimize taxes and provide effective management tools in the event you become incapacitated or upon your death.
We create documents which are tailored to your desires and your estate. We help you administer them as the need arises. This often can avoid the involvement of expensive court proceedings and expedite the administration process. Our goal is to make management of assets upon incapacity and death of a loved one as efficient, economical and pain-free as possible.
Please contact our Torrance office for consultation with an attorney regarding your legal matter.
www.pettlermillerlaw.com
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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.