Josef Cowan | Civil Litigation Construction Law Firm Los Angeles
Notable Attorneys
Josef Cowan founded our firm over 20 years ago. The following are some questions and answers that discuss his unique qualities and why so many individuals and businesses trust our firm with their legal and business needs.
Q. Why did you become a lawyer?
A. I’m the youngest of 6 kids raised by a single mother. We didn’t have much money, so I started working in the construction industry at a very young age. In fact, I started a construction business when I was 17 years old, and that company is still in existence and has over 400 employees. The construction industry involves a huge number of legal issues in a wide variety of different areas. I always found the legal issues fascinating and believed that a solid understanding of the law and ability to resolve complex issues is a huge advantage in business.Q. What inspired you to found the Cowan Law Group?
A. When I originally went to law school, I intended to use my legal training to help me with the construction business I started. However, I found I have a real passion for helping individuals and small to medium-sized companies resolve their legal and business problems in ways that make good business sense.Q. How is the Cowan Law group different from other law firms?
A. There are far too many firms that provide little to no value to their clients, and many that create more problems than they resolve. In many instances, the attorneys are good, smart people, but they don’t have the background or business savvy necessary to provide truly strategic, cost-effective legal solutions to their clients. This is a real problem because a good attorney who understands not just the legal issues, but also his client’s business challenges and objectives, is a tremendous resource and strategic advantage. With that in mind, I created the Cowan Law Group, whose main mission is to provide legal services that are smart, creative, and practical.Q. So what makes you a good lawyer and advisor?
A. I have benefitted greatly from a first class college and legal education. What I believe is even more important, however, is my life experience. Starting at a very young age, I have had to overcome many challenges both personally and in business. As a lawyer and advisor, these experiences have been invaluable because, through them, I have developed an ability to look at problems and challenges and know how to navigate through them in ways that are smart and effective.But what is most telling is what my clients say. Over the course of my legal career, I have successfully resolved over $700 million of legal disputes in many different areas, including general business, real estate, construction, employment, and trade secret litigation, and I have handled a large number of business transactions. My clients often tell me that I provide counseling that is practical and mindful of business priorities, and that I handle it all well.
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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.