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. Order today!

1. Louisiana Statutory Subrogation Rights
2. Allocation of Third Party Recovery (Includes Case Studies)
3. Tips for Successfully Negotiating a Settlement (for Both Sides)
4. Medicare Interplay With Workers' Compensation - Who Pays Medical Claims?
5. Case Law Update
6. Ethical Duties Regarding Workers' Compensation Subrogation

1. Louisiana Statutory Subrogation Rights
   9:00 - 10:15, Brent M. Steier
   1. Statutory Authority and Governing Body for Workers' Compensation Subrogation
   2. Who can File a Third Party Action?
   3. Third Party Issues
      1. Who Qualifies as a Third Party?
      2. Subrogation on UM/UIM Policies - When is UM/UIM Considered a Third Party?
      3. Subrogation on Medical Malpractice Cases - Limits on the Carrier's Recovery
      4. Subrogation on Product Liability Cases
   4. Laws and Other Factors That Change Subrogation Rights
      1. Statute of Limitations
      2. Dual Capacity or Borrowed Servant Doctrine
      3. Payment for Pre-Existing Conditions - Should the Employer Fight the Initial Workers' Compensation Claim?
      4. Comparative Fault, Employer Negligence, Willful Injury
      5. Lien Reduction Statutes
      6. Tort Reform
      7. Other Factors
   5. Subrogation Procedures: Nuts and Bolts
      1. Notification and Other Procedural Requirements
      2. A Walk Through the Forms Required
      3. Mistakes to Avoid
2. Allocation of Third Party Recovery (Includes Case Studies)
   10:30 - 11:30, Todd A. Delcambre
   1. Formula for Allocation
   2. The Definition of "Compensation" - What can be Recovered?
   3. Was the Injured Party Made Whole?
   4. Attorneys' Fees and Expenses (and the Common Fund Doctrine)
   5. Handling Possible Future Payments
   6. Recovery of Credit or Advance
   7. Remedies for Disagreement of Appropriate Allocation
3. Tips for Successfully Negotiating a Settlement (for Both Sides)
   11:30 - 12:45, Todd A. Delcambre and Mark L. Riley
   1. Why Settle?
   2. The Most Difficult Cases to Settle
   3. Negotiation Tools and Strategies
   4. Crucial Language in Settlement Agreements
   5. What to Keep in Mind When Engaged in Settlement Negotiations
4. Medicare Interplay With Workers' Compensation - Who Pays Medical Claims?
   1:45 - 2:30, Brent M. Steier
5. Case Law Update
   2:45 - 3:30, Todd A. Delcambre
6. Ethical Duties Regarding Workers' Compensation Subrogation
   3:30 - 4:30, Mark L. Riley
   1. Failure to File a Third Party Claim
   2. Disclosure of Claimant-Friendly Doctor who Commits Malpractice
   3. Fraud or Misrepresentation to Other Parties Involved

TODD A. DELCAMBRE is a partner with the LeBas Law Offices in Lafayette. His areas of practice include workers' compensation, longshore, the Jones Act and subrogation. Mr. Delcambre has worked as a workers' compensation mediator for a year and a half, and has previously spoken at several workers' compensation seminars. He is a member of the Louisiana State and Lafayette bar associations. Mr. Delcambre earned his B.A. and J.D. degrees from Louisiana State University.

MARK L. RILEY is an attorney at The Glenn Armentor Law Corp. Upon graduation from the LSU Law Center and admission to the bar, Mr. Riley joined the Onebane Law Firm and practiced there until joining Glenn Armentor in 2010. He was Onebane's expert in workers' compensation issues for most of those years and focused his practice primarily on workers' compensation. Mr. Riley has been recognized by the Louisiana Association of Self Insured Employers as a Certified Workers' Compensation Professional. He has lectured on and taught workers' compensation for the Louisiana State Bar Association, the University of Louisiana at Lafayette, Loyola University, and before numerous business and professional groups including the National Business Institute, and numerous claims organizations and private companies. Mr. Riley is the author of "Workers Compensation in Louisiana A Practical Look" which summarizes the practice of compensation law for attorneys, judges and claims handlers. He earned his B.A. and J.D. degrees from Louisiana State University. Mr. Riley is a member of the Lafayette Parish, Louisiana State, and American bar associations (member, Workers' Compensation Committee), the Louisiana Association for Justice, and Louisiana Workers Advocates.

BRENT M. STEIER is an attorney in the Baton Rouge law firm of Taylor, Wellons, Politz & Duhe, APLC, where his areas of practice include contract litigation, collections, insurance defense, creditors' rights in bankruptcy, defense in bankruptcy adversary proceedings and workers' compensation and coverage issues. He has lectured on licensing of claims adjusters for the Baton Rouge Claims Association. Mr. Steier is a member of the Louisiana State Bar Association and the Baton Rouge Bar Association. He earned his B.A. degree from Northern Illinois University and his J.D. degree from Tulane Law School.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com