Lawyer for Biden accuser Tara Reade drops her as a client

Legal Marketing

The attorney working with Tara Reade, the former Joe Biden Senate staffer who alleged he sexually assaulted her in the 1990s, said Friday he is no longer representing her, just two weeks after he first began working with her.

Douglas Wigdor said in a statement the decision to drop Reade came on Wednesday of this week, and that it wasn’t a reflection on the veracity of her claims. But he offered no specifics on why he and his firm are dropping her.

Wigdor said he and others at his firm still believe Reade’s allegation against Biden, that he digitally penetrated her and groped her in the basement of a Capitol Hill office building when she worked as a low-level staffer in his Senate office in the Spring of 1993. Biden has vehemently denied her claims, and multiple current and former Biden staffers have said they have no recollection of such an incident.

In his statement, Wigdor said his firm believed that Reade has been “subjected to a double standard” in the media and that much of the coverage surrounding her biography had little to do with her claims against Biden. The news was first reported by The New York Times.

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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.

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