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 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 and Medicare 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 between 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.
- Tennessee Statutory Subrogation Rights
9:00 - 10:00, John P. Dreiser
- 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)
10:15 - 11:15, Glen B. Rutherford
- 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
11:15 - 12:15, Loring Justice
- Notification and Other Procedural Requirements
- A Walk Through the Forms Required
- Mistakes to Avoid
- Tips for Successfully Negotiating a Settlement
1:15 - 2:15, Loring Justice
- 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
- Medicare Interplay With Workers' Compensation - Who Pays Medical Claims?
2:15 - 2:45, John P. Dreiser
- Case Law Update
2:45 - 3:15, John P. Dreiser
- Ethical Duties Regarding Workers' Compensation Subrogation
3:30 - 4:30, Glen B. Rutherford
- Failure to File a Third Party Claim
- Disclosure of Claimant-Friendly Doctor who Commits Malpractice
- Fraud or Misrepresentation to Other Parties Involved
This intermediate level seminar provides an orientation to workers' compensation subrogation for:
- In-House Counsel
- Subrogation Managers and Other Insurance Professionals