Subrogation spans so many diverse legal specialties – it seems near impossible to cover all the relevant issues in one day. That isn’t going to stop us from trying! I am proud to join an esteemed panel of attorneys for “Subrogation: Medicare, Auto and Workers’ Compensation Challenges” presented by the National Business Institute.
The program is offered live in Plainview, NY on April 30, 2013. It has been approved to 7.0 hours of CLE in NY and 7.2 hours in NJ. I will be presenting on the workers’ compensation topics (see below for complete agenda).
The complete agenda:
Medicare and Medicaid Issues in Personal Injury Litigation
9:00 – 10:30, Sean P. Dwyer
- Medicare Set-Aside Overview
- Medicaid Subrogation/Lien Overview
- Medicare/Medicaid as Secondary Payer: Conditional Payments and Liens
- What are Medicare’s and Medicaid’s Subrogation Rights?
- What “Set-Aside” Obligations do Personal Injury Lawyers Face?
- Effective Strategies for Dealing with Medicare
- What is the Lawyer’s Potential Liability to the Government?
Workers’ Compensation
10:45 – 12:00, Gregory Lois
- The Common Fund Doctrine
- Allocation of Third Party Recovery
- Procedural Tips and Pitfalls
- Interplay of Medicare and Workers’ Compensation
Auto Insurance Subrogation
1:00 – 2:15, Gail L. Ritzert
- Evidence in Hard-to-Find Places
- Injury and Vehicle Damage Assessment
- Proving Damages
- Insufficient Limits Case Study
- Subrogation of Medical Coverage Payments
- Special Considerations in UM/UIM Coverage
- Advanced Settlement Negotiations
Subrogation Defenses and Remedies
2:30 – 3:30, Joel A. Sweetbaum
- Voluntary Payments by the Insurer
- actual Defenses
- Contributory Negligence
- Delay
- Set-Off
- Exclusion Clauses
- Arbitration Clauses
- Inconsistent Policy Terms
- Settlements and Releases
- Unilateral Discontinuances
- Judgments and Stays
- Bad Faith on the Part of the Subrogating Insurer
- Remedies
Maintaining an Ethical Practice
3:30 – 4:30, Sean P. Dwyer
- Confidentiality Considerations
- Fraud or Misrepresentation to Other Parties Involved
- Ethical Issues in Disbursements – Avoid Misappropriating Your Client’s Funds
