Which Workers’ Compensation “Benefits” Can Be Subrogated?

In addition to paying for medical expenses, death benefits, funeral costs, and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical exam (IME) fees, expert fees, rehabilitation benefits, third-party vendor costs, nurse case management fees, workers’ compensation case attorneys’ fees, and the like. They pay significant attorney’s fees on permanency awards and incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Which of these benefits are recoverable in workers’ compensation subrogation remains a point of considerable confusion and contention. Subrogation professionals, lawyers, judges, and Administrative Judges are all equally confused on the law in this area, and very little clear guidance one way or the other can't be found. This course walks through the law in an assortment of states regarding whether and when such payments can be recovered. And when there is no law, the attendees will learn how to craft arguments in favor of doing so anyway. This course will benefit claims professionals in levels of expertise. Emily Bates, one of MWL's senior paralegals, will be co-presenting with Gary Wickert.