W. Bradley Ney - Washington, DC Business Litigation Lawyer Services
Notable Attorneys
Brad's combined expertise of business and accounting issues allows him to create unique arguments and solutions in several types of business disputes. His thoughtful and meticulous litigation approach regularly leads to favorable results for his clients. Brad has represented the business interests of numerous companies, officers, individuals, and boards in state and federal courts, before the Securities and Exchange Commission, and in arbitrations and mediations. He's represented both plaintiffs and defendants in trials and court proceedings. Brad understands that serving his clients' best interests sometimes requires alternative methods of dispute resolution.
Brad's primary focuses are listed below:
Business Litigation
Contract & Business Disputes
Securities Litigation
Franchise Disputes
Non-Competes & Restrictive Covenants
Insurance Disputes
Copyright Litigation
Emergency Injunctive Relief
If you're an individual, small business, or medium business, you deserve the finest legal representation. Contact the Law Offices of W. Bradley Ney for all your Washington DC Business Litigation Lawyer Service needs.
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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.