Fred Meissner - Phoenix, Arizona Tax Lawyer Services
Notable Attorneys
With our extensive experience, we help private company clients and small businesses determine the structure of their new enterprise in a way that allows them to achieve their goal while reducing costs and minimizing tax burden. We counsel and form the following:
- Incorporating business entities
- Corporation-shareholder transactions (including dividends and redemptions)
- Employment and deferred compensatory arrangements (including stock options, severance plans and equity incentive arrangements)
- Tax favorable alternatives for entity liquidation and dissolution
- Taxable and tax-free reorganizations
- Mergers and acquisitions
- Corporate divisional transactions (including spin-offs and split-ups of corporate lines of businesses or assets)
- Real estate transactions
- Bankruptcy and insolvency workouts for financially-troubled businesses
- Tax-oriented limited partnership or LLC offerings
- Litigation settlement awards
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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.