Oregon criminal defense lawyer
Lawyer Interviews
Max J. Mizejewski
Max Mizejewski (pronounced Majeski) received his undergraduate degree from the University of California at Berkeley in 1993. In 1997, Max graduated from Northwestern School of Law of Lewis and Clark College and went on to work in the public sector before entering private practice. As Manager of the Oregon Department of Transportation Environmental Unit, Max gained valuable experience negotiating, problem solving and working through confrontational issues with emotionally charged individuals. Max brings this experience to his private practice which focuses on criminal defense and family law. Max believes in taking the time to understand each clients unique situation and specific needs. Max represents clients in criminal prosecutions, administrative hearings, dissolution of marriage, custody matters and appeals. As a divorced parent with a criminal background, Max brings a unique passion and perspective to his work. His tenacious attitude and strategic mindset make Max the right advocate to have on your side. Call today for a free consultation.
Education
J.D., Northwestern School of Law of Lewis and Clark College, Portland, OR
International Law Program, Udayana University, Bali, Indonesia
B.A., University of California at Berkeley, Berkeley, CA
Clerkships
United States Department of the Interior, Solicitors Office
Energy Trust of Oregon, General Counsel
Public Sector Experience
Oregon Department of Transportation, Environmental Section
City of Portland, City Nature West
Professional Memberships
Oregon State Bar
Oregon Criminal Defense Lawyers Association
American Association for Justice
Multnomah Bar Association
Lane County Bar Association
http://www.mjmlawoffice.com/criminal-law
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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.