2 King Co. candidates vying for Attorney General
Notable Attorneys
The two men competing to be Washington's next attorney general are co-workers, but that's about as much similarity King County Councilmen Reagan Dunn and Bob Ferguson will admit to.
Dunn, a Republican, and the Democrat Ferguson have been trying to draw differences for months in their quest to succeed incumbent Rob McKenna, the GOP's candidate for governor.
With about month left until the general election, Ferguson appears to have an advantage. He garnered more votes than Dunn in the August primary, and recent polls show him ahead. But Dunn expects leads to flip flop until Election Day. He put $100,000 of his own money into his campaign in September, according to campaign filings.
Ferguson has offered himself as an independent-minded lawyer who is not afraid to leave party politics behind, while Dunn has touted his experience as a U.S. prosecutor.
A fourth-generation Washingtonian first elected in 2003 to the County Council, Ferguson was an attorney at a prominent Seattle law firm before entering politics.
If elected, Ferguson said he'd create a task force to look into an environmental crimes unit, seek remedies for gangs and continue the practice of consumer protection.
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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.