San Francisco Copyright Lawyers - Our Firm
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Our Firm has established a reputation for enforcing and protecting trademarks in the marketplace with enforcement actions in Federal and State courts throughout the United States as well as at the Trademark Trial and Appeal Board. San Francisco Trademark Infringement Law Firm Our Firm can also assist you with managing and securing trademarks as well as with trademark licensing in an effort to maximize the value of your intellectual property. Accordingly, although not exhaustive, we represent national, regional, and local clients on the following matters:
Trademark Infringement
Trademark Clearance Search and Selection Filing and Registration with the United States Patent and Trademark Office (USPTO), including Intent to Use and Use in Commerce applications
Filing and Registration with the California Secretary of State Canada,
Madrid Protocol & Foreign Filings Prosecution and Maintenance of Trademark Applications and Registrations.
Structuring Licensing, Development and Distribution Agreements
Trademark and Brand Strategy
Fair use advice
Trademark Advertising
Counseling
Anti-counterfeiting
If you need assistance with clearance searches, trademark applications, portfolio management, and enforcement and protection through litigation or other dispute resolution mechanisms.
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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.