Skillfully Handle Workers' Compensation Subrogation
Workers' compensation subrogation is one of the most confusing areas of law - with its variable rights and allocation formulas reaching into personal injury, UM/UIM, labor and employment, product liability, medical malpractice, ERISA and other areas of practice. Whether you represent an injured party, employer, manufacturer or insurance carrier, a solid understanding of subrogation statutes and fundamentals is a crucial first step in making sure your client's interests are fully protected. Who is entitled to a piece of a third party settlement when medical benefits have already been paid out? How do workers' compensation, an employer's group health plan and Medicare benefits interact? Get the legal answers you need here. Register today!
- Gain a firm understanding of how workers' compensation subrogation works and the process involved in seeking a recovery.
- Find out how personal injury, medical malpractice and product liability settlements are affected by workers' compensation subrogation.
- Who pays the injured employee's medical bills? Explore the interplay among the employer's group health plan, Medicare and workers' compensation.
- Examine how workers' compensation subrogation is influenced by employer negligence, lien reduction statutes, tort reform, statutes of limitations and pre-existing conditions.
- Recognize which entities can qualify as third parties under subrogation statutes.
- Correctly calculate the allocation of third party recoveries based on subrogation allocation formulas.
- Learn what factors affect a party's negotiating position and recovery rights.
- Effectively pursue a carrier's right to a future credit when its recovery is more significant than reimbursement of its lien.
- Discover how to reduce a subrogation claim through negotiation.
- Ohio Statutory Subrogation Rights
9:00 - 10:30, R. Clint Zollinger Jr.
- Statutory Authority and Governing Body for Workers' Compensation Subrogation
- Who can File a Third Party Action?
- Third Party Issues
- Who Qualifies as a Third Party?
- Subrogation on UM/UIM Policies - When is UM/UIM Considered a Third Party?
- Subrogation on Medical Malpractice Cases - Limits on the Carrier's Recovery
- Subrogation on Product Liability Cases
- Laws and Other Factors That Change Subrogation Rights
- Statute of Limitations
- Dual Capacity or Borrowed Servant Doctrine
- Payment for Pre-Existing Conditions - Should the Employer Fight the Initial Workers' Compensation Claim?
- Comparative Fault, Employer Negligence, Willful Injury
- Lien Reduction Statutes
- Tort Reform
- Other Factors
- Allocation of Third Party Recovery (Includes Case Studies)
10:45 - 12:00, Barbara A. Knapic
- Formula for Allocation
- The Definition of "Compensation" - What can be Recovered?
- Was the Injured Party Made Whole?
- Attorneys' Fees and Expenses (and the Common Fund Doctrine)
- Handling Possible Future Payments
- Recovery of Credit or Advance
- Remedies for Disagreement of Appropriate Allocation
- Allocation Case Studies (Vehicle Crash, Premises Accident, Product-Related Injury)
- Subrogation Procedures: Nuts and Bolts
1:00 - 1:45, Christopher R. Debski
- Notification and Other Procedural Requirements
- A Walk Through the Forms Required
- Mistakes to Avoid
- Tips for Successfully Negotiating a Settlement (for Both Sides)
1:45 - 2:45, Christopher R. Debski
- Why Settle?
- The Most Difficult Cases to Settle
- Negotiation Tools and Strategies
- Crucial Language in Settlement Agreements
- What to Keep in Mind When Engaged in Settlement Negotiations
- Case Law Update
3:00 - 3:30, R. Clint Zollinger Jr.
- Ethical Duties Regarding Workers' Compensation Subrogation
3:30 - 4:30, Barbara A. Knapic
- Failure to File a Third Party Claim
- Disclosure of Claimant-Friendly Doctor who Commits Malpractice
- Fraud or Misrepresentation to Other Parties Involved
Whether you represent an injured party, employer, manufacturer or insurance carrier, a solid understanding of subrogation statutes and fundamentals is a crucial first step in making sure your client's interests are fully protected. (see
full course description)