District Court Defense
Injured workers are occasionally dissatisfied with the Administrative Law Judge’s decision after a Contested Case Hearing. These claimants will then request judicial review of the decision from DWC by filing suit in district court. Our firm provides defense to Carriers and Self-Insureds whenever that happens, anywhere in Texas. We will defend the case on your behalf regardless of whether we handled the case at the DWC administrative stages.
In addition, when our clients are dissatisfied with the CCH and AP decision at the DWC administrative level, FOL is happy to consult with them on their potential options. If the Carrier or Self-Insured would then like to initiate a lawsuit in district court to overturn that DWC decision, we can and will provide rigorous representation before a judge or jury to reverse the administrative decision.
Finally, we can also represent clients before the Texas appellate courts and the Texas Supreme Court if they receive an unfavorable verdict after trial. We are always willing to discuss the advantages and disadvantages of appealing a judgment to the higher courts even if we didn’t represent the carrier at trial, and we would be pleased to assist you with any cases in which you would like to pursue an appeal.
Subrogation
FOL has protected the subrogation interests of our clients in thousands of third party lawsuits across Texas. We would therefore be happy to assist you with the recovery of your subrogation lien on your claim.
On subrogation files we provide the following services:
- Send out lien letters to all relevant parties
- Coordinate recovery of the carrier’s lien with Plaintiff’s counsel
- Attend mediations or settlement negotiations
- Analyze the amount of carrier’s recovery or potential waiver issues if applicable
- Prepare a Petition in Intervention if necessary and represent the carrier as a party to the lawsuit
- Prepare and argue any legal motions regarding lien recovery if necessary
- Attend all depositions and legal proceedings if the client would like us to do so
Draft settlement and/or release documents related to the carrier’s lien and/or future credit
