WilmerHale moving support staff to Ohio

National News

WilmerHale announced last week it was relocating its administrative support base to a new campus in Dayton, Ohio, as it seeks to streamline internal business operations across its many offices.

When the business services center opens in September, it will house the majority of the firm's technical support, finance, document services, new business clearance and human resources staff. Firm officials expect the move will affect just over 100 employees who currently work in the firm's Boston, New York or Washington, D.C., offices.

"One of our goals was to try to have all of those functions located near each other rather than spread out among our three East Coast offices," said Co-Managing Partner William J. Perlstein.

In 2004, D.C.-based Wilmer, Cutler & Pickering merged with Boston-based Hale and Dorr to create the 1,100-attorney firm that is now called WilmerHale. The firm is jointly managed by two managing partners, one based in each of the firm's headquarters in Boston and the District. Perlstein said as the combined firm continued to grow, it made economic sense to streamline its support operations.

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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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