The Mavroudis & Guarino Litigation Group
Legal Events
Manhattan Beach Employment Lawyer, Craig Hubble, is the aggressive representation you need and is someone who will devote their time and highest level of service to his clients in business entities including but not limited to commercial and civil litigation matters, employment matters such as wrongful termination, and class actions. We can help you obtain the results and outcome you want to see.
With over decades of experience working in some of the best law firms, our skill level allows us to give the best hands-on service to our clients. Even though we are located in Southern California, Law Offices of Craig Hubble practices in all state and federal trial and appellate courts throughout California. For most cases, we only charge if we get a favorable outcome.
To learn more about how the Law Offices of Craig Hubble can help you, contact us today for a free consultation. In many cases, we can arrange to meet near your home or office for your convenience.
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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.