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? Get the legal answers you need here. Order today!

1. Ohio 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. Case Law Review
6. Ethical Duties Regarding Workers' Compensation Subrogation

1. Ohio Statutory Subrogation Rights
   9:00 - 10:30, Mick L. Proxmire
   1. Legal History of Ohio Subrogation
   2. Definitions and Formula
   3. Application of ORC 4123.931 Man Not be a Perfect Science
   4. The Process
   5. Recovery
   Impact of Recovery
2. Allocation of Third Party Recovery (Includes Case Studies)
   10:45 - 12:00, Howard M. Sanders, Ellen Wentzel and Tom Woodruff
   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
   1:00 - 1:45, Timothy E. Cowans
   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)
   1:45 - 2:45, Howard M. Sanders, Ellen Wentzel and Tom Woodruff
   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. Case Law Review
   3:00 - 3:30, Howard M. Sanders, Ellen Wentzel and Tom Woodruff
6. Ethical Duties Regarding Workers' Compensation Subrogation
   3:30 - 4:30, Timothy E. Cowans
   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

TIMOTHY E. COWANS is a partner with the law firm of Scott, Scriven & Wahoff LLP. He practices in the areas of labor and employment law, and workers' compensation. Mr. Cowans is a frequent speaker and author on labor and employment law and workers' compensation issues. He is a certified specialist in workers' compensation by the Ohio State Bar Association. Mr. Cowans was recently named an Ohio Super Lawyer in the labor and employment law area. He received his B.A. degree, summa cum laude, from Ohio Dominican University and his J.D. degree, with honors, from The Ohio State University. He is a member of the Columbus (Workers' Compensation Committee) and Ohio State (Workers' Compensation Committee) bar associations.

MICK L. PROXMIRE is a partner in the Columbus office of Reminger Co., L.P.A . Mr. Proxmire represents employers in the workers' compensation arena and has extensive experience in transportation and risk management. He practices before the Industrial Commission, common pleas courts, appellate courts and the Supreme Court of Ohio. Mr. Proxmire is a member of various professional bar associations including the American Bar Association, Ohio State Bar Association, Kentucky Bar Association and Columbus Bar Association. He is a frequent lecturer on workers' compensation issues. Mr. Proxmire earned his B.S. degree from Ohio State University and his J.D. degree from Capital University Law School.

HOWARD M. SANDERS has been in the Subrogation and Fraud Support Section of the Ohio Bureau of Workers Compensation Legal Operations Division since 2001, subsequent to being the attorney for the Zanesville/Bridgeport offices of the BWC. Mr. Sanders previously managed the state fund workers' compensation division of a third party administrator and maintained a private practice of law emphasizing workers' compensation, unemployment compensation and employment law. He also served as the Assistant Section Chief of the Bureau of Employment Services Section of the Attorney General's Office. Mr. Sanders is certified as a specialist in workers' compensation law in Ohio by the Ohio State Bar Association and has been recognized by his peers as an Ohio Super Lawyer by Law and Politics Magazine. He is a member of the Ohio State Bar Association and a past chairperson of the Workers' Compensation Committee of the Columbus Bar Association. Mr. Sanders earned his B.B.A. degree from the University of Cincinnati and his J.D. degree from Cleveland State University, Marshall College of Law.

ELLEN WENTZEL is legal counsel and subrogation manager for the Ohio Bureau of Workers' Compensation, responsible for subrogation collections and the representation of the Special Investigations Unit in fraud related matters. Ms. Wentzel has directed the operations of the Subrogation Unit since 2000, and prior to that time, Ms. Wentzel worked as a hearing attorney for BWC in the Columbus, Bridgeport and Zanesville service offices. Ms. Wentzel is a member of the Ohio State Bar Association and the Columbus Bar Association and received her J.D. degree from Capital University. Ms. Wentzel received her B.B.A. degree, summa cum laude, from Ohio University. Ms. Wentzel is a 10 year volunteer for the Columbus Bar Association Homeless Project.

TOM WOODRUFF currently serves as a staff attorney in the Subrogation and Fraud Unit of the Ohio Bureau of Workers' Compensation and has served as director of self insured operations. Prior to joining the Subrogation and Fraud Unit, Mr. Woodruff served as a field attorney for the Bureau of Workers' Compensation in the Portsmouth Service Office from March of 2000 to July of 2003. Mr. Woodruff has been licensed to practice law in the state of Ohio since 1998, and is a member of the Ohio State Bar Association, as well as the Columbus Bar Association. He earned his B.A. degree from Ohio State University, his M.B.A. degree from the University of Findlay and his J.D. degree from the University of Toledo.

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