Las Vegas Product Liability Attorney - Luis A. Ayon
Notable Attorneys
Las Vegas Product Liability Attorney - Luis A. Ayon
Luis has significant litigation experience in Nevada's state and federal courts. He focuses his practice on complex commercial litigation and contested and adversarial matters in bankruptcy court, real estate litigation and financial institutions litigation.
Prior to joining the firm, Luis was an associate at an international law firm where he focused on commercial litigation as well as contested bankruptcy matters. He also served as the first law clerk for Presiding Civil Judge, the Honorable Elizabeth Gonzalez and worked for one of the nation's largest plaintiffs' firms where he managed a significant case load involving catastrophic brain and spinal injuries, wrongful death, product liability and insurance bad faith claims.
Luis A. Ayon is commited to providing clients with the highest level of personal service. His dedication in his work focusing on all phases of litigation from obtaining fast pre-litigation results to handling cases through trial and appeal has given him extensive experience. His experience can rest assure that all cases will be handled by skilled professionals.Contact Maier Gutierrez Ayon PLLC.
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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.