Securities Law Attorney
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Menzer & Hill, P.A. represents investors in the recovery of losses at the result of brokerage firms' failure to supervise their financial advisors who engage in unsuitable investment recommendations, the excessive trading of investors' accounts, inappropriate allocation of portfolio assets, misrepresentations and/or material omissions of fact resulting in fraud, negligence, breach of fiduciary duties, selling away, failure to advise their clients of risk management strategies and excessive use of margin.
In addition to their legal and arbitration experience, the attorneys and founding partners of Menzer & Hill, P.A. bring with them extensive securities industry experience which include in-house and chief corporate brokerage counsel, chief compliance officer supervising and regulating the practice of stockbrokers and financial advisors, as well as sales experience with advising clients and recommending the sale of securities and insurance. The attorneys and founding partners have essentially switched hats where they once represented the industry and broker-dealers, they now represent aggrieved investors. This yields a unique experience giving the firm intimate knowledge of the misconduct of brokers and the details and nuances of the securities and insurance products they recommend.
Investigations/Cases
Based on current events and regulatory focus on these special securities and products, these are some of the areas that Menzer & Hill, P.A. are investigating:
Menzer & Hill, P.A. is truly dedicated and devoted to making sure that the average investor is protected and represented against the abuses of Wall Street.
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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.