Levin & Curlett LLC
Notable Attorneys
New York - Baltimore - Washington, D.C. White Collar Criminal Defense
Levin & Curlett LLC was formed by former prosecutors who created a small, high quality litigation boutique. Levin & Curlett LLC has extensive experience in all facets of criminal and civil litigation. Whether clients are involved in contractual disputes, business litigation, or qui tam whistleblower cases, our trial experience allows the firm to work effectively with clients to achieve their goals. Similarly, extensive prosecutorial backgrounds allow the firm to represent clients who are involved in criminal proceedings as targets, subjects, witnesses, recipients of grand jury subpoenas, or defendants.
The firm puts its skills to work representing:
- clients who are targets, subjects, or witnesses in criminal investigations,
- clients who are facing criminal charges
- clients who are involved in complex civil litigation at the trial and appellate levels
- whistleblowers in qui tam and False Claims Act litigation.
Our attorneys have decades of combined experience serving as prosecutors in the Department of Justice and the Manhattan District Attorney’s Office, and leading practices in complex civil and criminal litigation at a national law firm.
We are uniquely positioned to represent the interests of those confronting the nation’s largest corporations, insurance companies, or the power of the federal government.
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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.