Upcoming Seminar: Subrogation.

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

Greg Lois is the managing partner of LOIS LLC, a 21-attorney law firm dedicated to defending employers and carriers in New York and New Jersey workers' compensation claims. Greg is the author of a popular series of "Handbooks" on workers' compensation, and is the co-author of the 2016 & 2017 Lexis-Nexis New Jersey Workers' Compensation Practice Guide. Greg can be reached at 201-880-7213 or glois@lois-llc.com