Upcoming Events in the NY Legal Community
Legal Events
Thurs. Feb. 28, MBBA Fundraiser, 7:45 p.m.
The play “Cat on a Tin Roof,” by Tennessee Williams. A fundraiser event for the Metropolitan Black Bar Association. For information, contact Dakota D. Ramseur: (646) 773-0073.
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Speakers: Robert Epstein, Tom Klein, Joann Macri, Edward Nowak, Steven Zeldman. Approved for (6.5) CLE credits, including (1) credit toward Ethics. Held at Tishman Auditorium, New York University School of Law, Washington Square South, Manhattan. Registration required by Wednesday, Feb. 27. For information or to register, contact the New York State Defenders Association.
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Speaker: Professor Richard T. Farrell, Brooklyn Law School, and author Prince-Richardson on Evidence (11th ed. & Supp. 2008). Approved for (2) CLE credits toward Skills. Held at the Brooklyn Bar Association, 123 Remsen St. For information or to register, contact the Brooklyn Bar: (718) 624-0675 x210; Fax: (718) 797-1713; or email: malfano@brooklynbar.org.
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Speaker: Hon. Theodore T. Jones, NYS Court of Appeals. Approved for (1) CLE credit toward Professional Practice. Columbian Lawyers’ monthly dinner meeting. Held at Rex Manor, 1100 60th St., Brooklyn (at 11th Avenue). Reservations required. For information or reservations, contact the Columbian Lawyers Association: (718) 875-0158.
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Held at Brooklyn Law School in the Subotnick Center, (10th and 11th floors), 250 Joralemon St. Brooklyn Law Students for the Public Interest are seeking donations. The auction supports symposia, service trips and unfunded public interest summer internships. Information about the lots to be auctioned off will be available at www.blspiauction.com, as the date approaches. For information contact BLSPI: (718) 780-7549; or Michael J. Daily, fundraising chair: Michael.dailey@brooklaw.edu.
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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.