San Bernardino, California Criminal Defense Lawyers
Notable Attorneys
At Bullard & Powell, we believe that every criminal case, just like the person being charged, is unique. To that end, we do not view our cases as simply files to be worked on, but view them from the perspective of our clients. We work closely with our clients to ensure the best possible result, with the highest level of service. We view it as our responsibility to ease the stressful burden that comes with being accused of a crime. We believe in personal, honest, one-on-one relationships with our clients. We only know one way to practice criminal defense and that is to treat every client as if they were our own family. We handle a wide range of matters from DUI to white-collar crimes. San Bernardino Criminal Defense Law Firm. Each client can expect that any advice that is given and the service that is provided, would be the same advice and service that we would provide to our own family.
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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.