The Davis Law Group, PLLC
Notable Attorneys
The Davis Law Group, PLLC is an aggressive criminal defense firm. We handle cases throughout the Metro Detroit area including Wayne, Oakland, and Macomb County. Our attorneys are former prosecutors and have handled cases ranging from minor traffic violations to homicide offenses.
Having gone through numerous trials, our attorneys know the Metro Detroit courtrooms and the procedures they follow. This works as a major advantage for our clients as we are able to fight against the evidence and change the course of where your life is headed. We are dedicated and willing to do what it takes to get a successful outcome in your case.
We concentrate on defending our clients’ constitutional rights both in and out of the courtroom. If you or a love one has been charged with a crime you know your freedom is on the line. You need as experienced attorney that can get results.
Available 7 days a week 24 hours a day for free phone consultations. For urgent matters we always have at least one attorney on call.
The Davis Law Group, PLLC
27600 Northwestern Hwy. Suite 215
Southfield, MI 48034
Southfield MI Criminal Defense Lawyer
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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.