Dear Michael Hayes: At a recent board meeting of the National Board of Legal Specialty Certification (NBLSC), the parent organization of the National Board of Trial Advocacy (NBTA), on which I have served as a board member for more than 20 years, your recent victory in the Second Circuit was a topic of animated discussion. [...]
Medicare Liens
These are Subrogation Claims! Make the U. S. a Defendant in Your Lawsuit.
The Federal Medicare statute provides that Medicare is only a right of subrogation. It is not a lien.
If the personal injury claimant recovers and collects Medicare’s money, then an “equitable lien” is created. In the absence of that factor, no money should have to be repaid to Medicare out of the personal injury settlement or verdict.
However, Administrative Protocol must be strictly followed.
An Alternative may be to Sue the U. S. as a Defendant in your Primary Suit in Federal Court
DOG BITES AND AMIMAL ATTACKS
WHAT EVERY VICTIM OF AN ANIMAL ATTACK NEEDS TO KNOW
Dog bites and animal attacks in New York State
It must be established that the animal had vicious propensities.
It must be established that the owner or one who harbors the animal had prior notice.
The owner of a wild animal is absolutely liable even without any prior notice.
WORKERS COMPENSATION LIENS
In New York, Money Trumps Ethics
The History of Worker’s Compensation “Liens” goes back to 1922.
In the Modern Era, Comparative Negligence and Itemized Verdicts are the Law.
Assume the Workers’ Compensation Carrier Were to Start an Independent Subrogation Action.
Ethical Considerations for Attorneys Representing Two Competing Claimants.
Workers’ Compensation Interplay With Medicaid and Ahlborn Considerations
MEDICAID “LIEN” RESOLUTION
Medicaid has a right of Subrogation
In most jurisdictions, all the money recovered in most personal injury actions should go to the injured Plaintiff.
Avoid the conflict of interests in representing two competing parties, the injured Plaintiff and the State.
Attorneys are creating “equitible liens” by suing for medical expenses in personal injury actions to the detriment of the client.
In Upstate New York, Medicaid is considered to have a “lien” for a proportionate share of the recovery
WORKERS’ COMPENSATION LIENS II
LIENS & PROFESSIONAL RULES OF CONDUCT IN NEW YORK
A. WORKERS COMPENSATION – A SHORT HISTORY
B. ETHICAL COMPONENTS
C. FACTUAL CONTEXT
POINT I: SEVERENCE OF THE TWO CONFLICTING CLAIMS IS AN ETHICALLY PRUDENT
POINT II: IT IS ARCHAIC TO MAINTAIN THAT CLAIMS & CAUSES OF ACTION ARE INDIVISIBLE
CONCLUSION: WORKERS’ COMPENSATION CARRIERS SHOULD ASSUME RESPONSIBILITY FOR
PROSECUTION OF THEIR OWN RECOVERY
