BWC Subrgation Rights
Jacqueline Ketterer, the mother of David Fahey Jr, the Cleveland Police Officer killed in the line of duty earlier this year is fighting with the Bureau of Worker’s Compensation (BWC) because the state agency put a lien on insurance payments over hospital bills.
How sad. A mother loses her son and has to fight with the BWC about subrogation. Unfortunately, the state has a subrogation statute which in essence states that if an injured worker recovers from a third party tortfeasor’s insurance they have to pay back the BWC. This applies also in a self-insured workers compensation claim where the injured worker recovers from the wrong doer. He must pay back the self-insured.
Here, it’s a little bit more complicated because the claims should be made against the decedents estate, not as a lien on the proceeds, but the
the reduction from $8000 to $2000 is a sign of good intentions but waiving the fee in its entirety would be even better.
If you were injured or have any questions related to prior injuries, don’t hesitate to contact us. Your employer has lawyers working hard for them, shouldn’t you?
At Taubman Law we strive to ensure you receive the workers’ compensation benefits you deserve and are entitled to. We will advise you of your rights and fight your legal battle relentlessly on your behalf.
This post was written by Cleveland attorney Bruce D. Taubman, who practices workers’ compensation, personal injury and medical malpractice throughout Ohio.