DC Young Lawyers in for Bar Exam Sticker Shock
Legal Exams
An attempt to save young lawyers from higher bar exam fees has failed in the Maryland Senate, meaning prospective attorneys could pay hundreds more to pass the bar. A bill headed for approval in the Senate would increase bar exam fees from $150 up to a possible $400. The move comes as officials say current fees don't cover the cost of administering and grading the exams.
The bill was put off while one lawyer in the Senate tried to amend the bill to lower bar exam fees for young lawyers. But the amendment was rejected 36-11 Thursday after another senator asked why the state should pick up the tab for people who flunk the bar exam.
The bill must clear one more vote in the Senate before heading to the House.
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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.