Texas Trust and Estate Litigation Lawyer
Notable Attorneys
The administration of trusts and estates can be complex and disputes frequently arise. Often, these disputes are among family members and can stretch family relationships to their breaking point. I have the experience to efficiently guide you through trust and estate disputes, keeping in mind both your monetary and non-monetary goals.
After a family member dies or becomes incapacitated, issues related to property ownership, creditor rights, and/or beneficiaries’ interests can arise and delay the settling of an estate. In addition, if a will, trust, or other estate planning document is not clear or contains inconsistent terms, disputes among the named beneficiaries could arise. Finally, executors and trustees have specific fiduciary duties, are held to strict standards of accountability, and are often caught in the middle of managing beneficiaries’ needs and honoring the intent expressed in a will or trust instrument. When a resolution cannot be reached through negotiation, litigation may become necessary.
http://trishaenglishlaw.com/practice-areas/trust-and-estate-litigation
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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.