Judge wants agency to investigate Meijer lawyer
National News
A judge believes a lawyer committed perjury when he denied knowing anything about the role of Meijer Inc. in a 2007 recall election of township officials in northern Michigan's Grand Traverse County.
Judge Philip Rodgers said he has referred the matter involving Timothy Stoepker to the Michigan Attorney Grievance Commission, a watchdog agency.
"I believe it occurred, and I have an ethical responsibility to report it," Rodgers told the Traverse City Record-Eagle.
Stoepker, an attorney at the firm Dickinson Wright in Grand Rapids, represented Meijer during a dispute over a new store in Acme Township. Voters rejected the store in 2005, and township officials were targeted for recall in 2007.
Meijer, a major Midwestern retailer, later acknowledged illegally financing the recall effort and subsequently paid a $190,000 fine.
During a deposition in a civil lawsuit by a township official, Stoepker was asked what he knew about Meijer's role. "I have no knowledge of that at all," he replied.
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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.