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, ERISA 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, an employer's group health plan and Medicare benefits interact? Get the legal answers you need here. Order today!

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

1. North Carolina Statutory Subrogation Rights
   9:00 - 10:15, Edward L. Pauley
   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
2. Allocation of Third Party Recovery (Includes Case Studies)
   10:30 - 11:30, Vernon R. Sumwalt
   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
   8. Allocation Case Studies (Vehicle Crash, Premises Accident, Product-Related Injury)
3. Subrogation Procedures: Nuts and Bolts
   11:30 - 12:00, Frances M. Clement
   1. Notification and Other Procedural Requirements
   2. A Walk Through the Forms Required
   3. Mistakes to Avoid
4. Tips for Successfully Negotiating a Settlement (for Both Sides)
   1:00 - 1:30, Frances M. Clement, Edward L. Pauley and Vernon R. Sumwalt
   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
5. ERISA and Medicare Interplay With Workers' Compensation - Who Pays Medical Claims?
   1:30 - 2:30, Vernon R. Sumwalt
6. Case Law Update
   2:45 - 3:30, Frances M. Clement
7. Ethical Duties Regarding Workers' Compensation Subrogation
   3:30 - 4:30, Edward L. Pauley
   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

FRANCES M. CLEMENT is an associate with Brooks, Stevens, & Pope. Ms. Clement's main area of practice is workers' compensation. She is a member of the North Carolina Bar Association, North Carolina State Bar and she is admitted to practice before the 10th Judicial District. Ms. Clement earned her B.A. degree from Davidson College and her J.D. degree from the University of North Carolina at Chapel Hill.

EDWARD L. PAULEY is an attorney in the law firm of Wallace & Graham, P.A., where he practices primarily in the area of workers' compensation. His practice also includes work in civil litigation, OSHA and personal injury matters. Mr. Pauley has previously lectured to various professionals on issues related to workers' compensation. He is licensed to practice in Kentucky, North Carolina, West Virginia, and before the U.S. District Court for the Southern District of West Virginia, the U.S. District Court for the Western District of North Carolina, and the U.S. Supreme Court. Mr. Pauley earned his B.A. and J.D. degrees from West Virginia University. He is a member of the Kentucky, The West Virginia and the American bar associations; the North Carolina State Bar, the North Carolina Association For Justice; and the American Association for Justice.

VERNON R. SUMWALT practices with the Sumwalt Law Firm in Charlotte, North Carolina, in the areas of workers' compensation, workplace torts, and Social Security Disability. He is a board-certified specialist in workers' compensation law by the North Carolina State Bar and has presented at more than 65 continuing legal education seminars. In addition to numerous articles in legal periodicals, Mr. Sumwalt has co-authored The Law of Workers' Compensation in South Carolina (2nd ed. 1998, 3rd ed. 2003, 4th ed. 2005, and 5th ed. 2008), and The Law of Automobile Insurance in South Carolina (4th ed. 2000, 5th ed. 2002, and 6th ed. 2009), and he wrote the workers' compensation chapter in The South Carolina Law of Damages (1st ed. 2004 and 2nd ed. 2009), all published by the South Carolina Bar. He serves on the Executive and Amicus Committees of the Workers' Compensation Section of the North Carolina Advocates for Justice. Mr. Sumwalt also has served as chair (2008-2009 term) and vice chair (2007-2008 term) of the Workers' Compensation Section Council of the North Carolina Bar Association. He belongs to the American Association for Justice (AAJ), the Workplace Injury Litigation Group (WILG), the South Carolina Association for Justice (SCAJ), and the National Organization of Social Security Claimants Representatives (NOSSCR). He also is a member of the Larson's National Workers' Compensation Advisory Board (LexisNexis®), was selected for inclusion in The Best Lawyers in America® in the specialty of Workers' Compensation Law for the 2009 edition, and has been recognized by North Carolina Super Lawyers in the field of workers' compensation in 2009 (as a Rising Star) and 2010. Mr. Sumwalt earned his undergraduate degree at the University of Miami and his J.D. degree from the University of South Carolina.

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