Sen. George LeMieux returns to law firm
Notable Attorneys
U.S. Sen. George LeMieux will return to Gunster law firm after leaving office.
H. William Perry, the firm's CEO and managing partner, announced Tuesday that LeMieux will resume his legal practice Jan. 4 and provide corporate counseling to the firm's clients.
LeMieux first joined Gunster in 1994. He earned his law degree from Georgetown University Law Center, with his undergraduate degree from Emory University.
LeMieux left Gunster in 2009, after Gov. Charlie Crist appointed him to the U.S. Senate. LeMieux filled the seat left vacant by the resignation of Sen. Mel Martinez.
LeMieux did not seek re-election, and Former Florida House Speaker Marco Rubio won the seat in November. Rubio will take office Jan. 3.
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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.