Resolving Personal Injury Cases with Large Workers' Compensation Liens

A personal injury case carrying a large workers' compensation lien is rarely a two-sided negotiation. The injured worker, the compensation carrier and the defense each come with different objectives, and parties who spent the litigation as allies arrive at mediation competing for the same dollars. Lee M. Mendelson of ADR Services, Inc., a full-time mediator and former civil litigator with two decades of subrogation experience, examines why the amount a carrier paid is not the value of its claim against the tortfeasor. The program covers comparative negligence, causation, policy limits, collectibility, and how an allegation of employer negligence turns a carrier from claimant into defender of its insured's conduct.