Download or read book Responsible Parents and Parental Responsibility written by Rebecca Probert and published by Bloomsbury Publishing. This book was released on 2009-05-06 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law. This title is included in Bloomsbury Professional's Family Law online service.

Download or read book Parental Responsibility in the Context of Neuroscience and Genetics written by Kristien Hens and published by Springer. This book was released on 2017-01-09 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should parents aim to make their children as normal as possible to increase their chances to “fit in”? Are neurological and mental health conditions a part of children’s identity and if so, should parents aim to remove or treat these? Should they aim to instill self-control in their children? Should prospective parents take steps to insure that, of all the children they could have, they choose the ones with the best likely start in life? This volume explores all of these questions and more. Against the background of recent findings and expected advances in neuroscience and genetics, the extent and limits of parental responsibility are increasingly unclear. Awareness of the effects of parental choices on children’s wellbeing, as well as evolving norms about the moral status of children, have further increased expectations from (prospective) parents to take up and act on their changing responsibilities. The contributors discuss conceptual issues such as the meaning and sources of moral responsibility, normality, treatment, and identity. They also explore more practical issues such as how responsibility for children is practiced in Yoruba culture in Nigeria or how parents and health professionals in Belgium perceive the dilemmas generated by prenatal diagnosis.

Download or read book Daddy And Mummy written by Bigg K Anoweh and published by Independently Published. This book was released on 2022-09-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child's property. A person who has parental responsibility for a child has the right to make decisions about their care and upbringing. This book examines the idea of parental responsibility in English law and what is expected of a responsible parent. The scope of parental responsibility, a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents and children's rights. The analysis highlights the inherent constraints and limitations of parental responsibility and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child marriage or civil partnership and the law response to the death of a child. In the final section, the idea of the responsible parent is considered in the contexts of child support, contact, tort, and criminal law.

Download or read book Teachings of Presidents of the Church Brigham Young written by The Church of Jesus Christ of Latter-day Saints and published by The Church of Jesus Christ of Latter-day Saints. This book was released on with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prophet Brigham Young taught the restored gospel of Jesus Christ in a basic, practical way that gave inspiration and hope to the Saints struggling to build a home in the wilderness. Though more than a century has now passed, his words are still fresh and appropriate for us today as we continue the work of building the kingdom of God. President Young declared that as members of The Church of Jesus Christ of Latter-day Saints we possess the “doctrine of life and salvation for all the honest-in-heart” (DBY, 7). He promised that those who receive the gospel in their hearts will have awakened “within them a desire to know and understand the things of God more than they ever did before in their lives” and will begin to “inquire, read and search and when they go to their Father in the name of Jesus he will not leave them without a witness” (DBY, 450). This book reflects the desire of the First Presidency and the Quorum of the Twelve Apostles to deepen the doctrinal understanding of Church members and to awaken within them a greater desire to know the things of God. It will inspire and motivate individuals, priesthood quorums, and Relief Society classes to inquire, read, search, and then go to their Father in Heaven for a witness of the truth of these teachings. Each chapter contains two sections—“Teachings of Brigham Young” and “Suggestions for Study.” The first section consists of extracts from Brigham Young’s sermons to the early Saints. Each statement has been referenced, and the original spelling and punctuation have been preserved; however, the sources cited will not be readily available to most members. These original sources are not necessary to have in order to effectively study or teach from this book. Members need not purchase additional references and commentaries to study or teach these chapters. The text provided in this book, accompanied by the scriptures, is sufficient for instruction. Members should prayerfully read and study President Young’s teachings in order to gain new insights into gospel principles and discover how those principles apply to their everyday lives. By faithfully and prayerfully studying these selections, Latter-day Saints will have a greater understanding of gospel principles and will more fully appreciate the profound and inspired teachings of this great prophet. The second section of each chapter offers a series of questions that will encourage thoughtful contemplation, personal application, and discussion of President Young’s teachings. Members should refer to and carefully reread his words on the principle being discussed. Deep and prayerful study of these teachings will inspire members to greater personal commitment and will help them resolve to follow the teachings of the Savior, Jesus Christ. If individuals and families prayerfully follow the principles in this book, they will be blessed and inspired to greater dedication and spirituality, as were the early Saints who heard these words directly from the lips of the “Lion of the Lord” (HC, 7:434)—the prophet, seer, and revelator, President Brigham Young.

Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Download or read book Parenting Matters written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2016-11-21 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decades of research have demonstrated that the parent-child dyad and the environment of the familyâ€"which includes all primary caregiversâ€"are at the foundation of children's well- being and healthy development. From birth, children are learning and rely on parents and the other caregivers in their lives to protect and care for them. The impact of parents may never be greater than during the earliest years of life, when a child's brain is rapidly developing and when nearly all of her or his experiences are created and shaped by parents and the family environment. Parents help children build and refine their knowledge and skills, charting a trajectory for their health and well-being during childhood and beyond. The experience of parenting also impacts parents themselves. For instance, parenting can enrich and give focus to parents' lives; generate stress or calm; and create any number of emotions, including feelings of happiness, sadness, fulfillment, and anger. Parenting of young children today takes place in the context of significant ongoing developments. These include: a rapidly growing body of science on early childhood, increases in funding for programs and services for families, changing demographics of the U.S. population, and greater diversity of family structure. Additionally, parenting is increasingly being shaped by technology and increased access to information about parenting. Parenting Matters identifies parenting knowledge, attitudes, and practices associated with positive developmental outcomes in children ages 0-8; universal/preventive and targeted strategies used in a variety of settings that have been effective with parents of young children and that support the identified knowledge, attitudes, and practices; and barriers to and facilitators for parents' use of practices that lead to healthy child outcomes as well as their participation in effective programs and services. This report makes recommendations directed at an array of stakeholders, for promoting the wide-scale adoption of effective programs and services for parents and on areas that warrant further research to inform policy and practice. It is meant to serve as a roadmap for the future of parenting policy, research, and practice in the United States.

Download or read book Taking Responsibility Law and the Changing Family written by Heather Keating and published by Routledge. This book was released on 2016-04-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the impact that changing family norms have had on the responsibilities that the law allocates to people in family relationships. Contributions are drawn from a wide variety of jurisdictions in which scholars, lawyers, judges and policy-makers have been trying to discern what the appropriate correlation should be between the responsibilities that people undertake in family settings and the law that regulates family responsibilities. Part I looks at the changes that have occurred in adult relationships and what they have done for our sense of the family responsibilities that adults take for one another. Part II reflects on the changing nature of the parental relationship in order to reconsider the way in which changing family structures affect the responsibilities we think people raising children should have. The third part brings the rights discourse that has dominated jurisprudence for much of the last fifty years into the discussion of family transformation and the responsibilities to which it gives rise. In the final section the authors reflect on the difficulties of trying to resolve the meaning of responsibility in a world of changing families. The collection brings together some of the most eminent and imaginative scholars and judges working in this area. It will be a valuable resource for all those interested in the legal regulation of the transforming family.

Download or read book Responsibility Law and the Family written by Jo Bridgeman and published by Routledge. This book was released on 2016-04-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on moral, social and legal responsibilities as opposed to rights or obligations, this volume explores the concept of responsibility in family life, law and practice. Divided into four parts, the study considers the nature of family responsibility; constructions of children's responsibilities; shifting conceptions of family responsibilities; and family, responsibility and the law. The collection brings together leading experts from the disciplines of sociology, socio-legal studies and law to discuss responsibilities prior to birth, responsibilities for children, as well as responsibilities of children and of the state towards family members. The volume informs and challenges the developing conceptualization of responsibilities which arise in interdependent, intimate and caring relationships and their legal regulation. It will be of great interest to researchers and practitioners working in this complex field.

Download or read book The Responsible Parent written by Christine Piper and published by . This book was released on 1993 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on research investigating the parenting lives and mediation appointments of 24 sets of parents, this book focuses on two aspects of the relationship between mediation and parental responsibility.

Download or read book Parental Rights and Responsibilities written by Stephen Gilmore and published by Routledge. This book was released on 2017-07-05 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of ?parent? and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.

Download or read book Children First written by Penelope Leach and published by Vintage. This book was released on 2011-08-03 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of the classic Your Baby & Child comes "a book full of wisdom...written by one of the world's leading nurturers of parents (T. Berry Brazelton, M.D.). • "A call for a revolution." —The New York Times Magazine The child psychologist whose book Your Baby & Child has provided indispensable advice to a new generation of parents now offers a groundbreaking book which suggests that even the best parenting may not be enough in a society that is hostile to children. Leach shows how our laws, employment polices, and culture end up depriving children of their parents. The child psychologist whose book Your Baby & Child has provided indispensable advice to a new generation of parents now offers a groundbreaking book which suggests that even the best parenting may not be enough in a society that is hostile to children. Leach shows how our laws, employment polices, and culture end up depriving children of their parents.

Download or read book We Need to Talk About Kevin written by Lionel Shriver and published by Catapult. This book was released on 2011-05-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inspiration for the film starring Tilda Swinton and John C. Reilly, this resonant story of a mother’s unsettling quest to understand her teenage son’s deadly violence, her own ambivalence toward motherhood, and the explosive link between them remains terrifyingly prescient. Eva never really wanted to be a mother. And certainly not the mother of a boy who murdered seven of his fellow high school students, a cafeteria worker, and a much–adored teacher in a school shooting two days before his sixteenth birthday. Neither nature nor nurture exclusively shapes a child's character. But Eva was always uneasy with the sacrifices and social demotion of motherhood. Did her internalized dislike for her own son shape him into the killer he’s become? How much is her fault? Now, two years later, it is time for her to come to terms with Kevin’s horrific rampage, all in a series of startlingly direct correspondences with her estranged husband, Franklin. A piercing, unforgettable, and penetrating exploration of violence and responsibility, a book that the Boston Globe describes as “impossible to put down,” is a stunning examination of how tragedy affects a town, a marriage, and a family.

Download or read book The Moral Foundations of Parenthood written by Joseph Millum and published by Oxford University Press. This book was released on 2018 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people believe that parents have moral rights and responsibilities regarding their children. These rights and responsibilities undergird the nuclear family and are essential to the flourishing of its members. However, their basis and contents are hotly contested. Do a child's genetic parents have a right to parent her? The importance of genetic ties is affirmed by many people's gut responses, everyday talk, and many court decisions, but the moral justification for tying parenthood rights to genetics is unclear. Parents are routinely permitted to make far-reaching decisions about their children's medical care, education, religious practice, and even how to punish them. When can parental rights be limited by the interests of the child or society? Matters are no more settled when it comes to parental responsibilities. It is commonly thought that if a man conceives a child through voluntary sexual intercourse he acquires parental responsibilities, even if he took every precaution against conception. On the other hand, sperm donors are widely-though not universally-thought to have no responsibilities towards their progeny. What is the basis for these disparate judgments? Parents are expected to do a lot for their children as they raise them. But there are surely limits. Sometimes parents have to balance the needs of multiple family members or just want to have time for themselves. What is the extent of their parental responsibilities? In The Moral Foundations of Parenthood, Joseph Millum provides a philosophical account of moral parenthood. He explains how parental rights and responsibilities are acquired, what those rights and responsibilities consist in, and how parents should go about making decisions on behalf of their children. In doing so, he provides a set of frameworks to help solve pressing ethical dilemmas relating to parents and children.

Download or read book The Ethics of Parenthood written by Norvin Richards and published by Oxford University Press. This book was released on 2010-07-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Ethics of Parenthood Norvin Richards explores the moral relationship between parents and children from slightly before the cradle to slightly before the grave. Richards maintains that biological parents do ordinarily have a right to raise their children, not as a property right but as an instance of our general right to continue whatever we have begun. The contention is that creating a child is a first act of parenthood, hence it ordinarily carries a right to continue as parent to that child. Implications are drawn for a wide range of cases, including those of Baby Jessica and Baby Richard, prenatal abandonment, babies switched at birth and sent home with the wrong parents, and families separated by war or natural disaster. A second contention is that children have a claim of their own to have their autonomy respected, and that this claim is stronger the better the grounds for believing that what the child's actions express is a self of the child's own. A final set of chapters concern parents and their grown children. Views are offered about what duties parents have at this stage of life, about what is required in order to treat grown children as adults, and about what obligations grown children have to their parents. In the final chapter Richards discusses the contention that parents sometimes have an obligation to die rather than permit their children to make the sacrifices needed to keep them alive, arguing that a leading view about this undervalues both love and autonomy.

Download or read book Your Kids Are Your Own Fault written by Larry Winget and published by Penguin. This book was released on 2009-12-24 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Read Larry Winget's posts on the Penguin Blog. Straight-talking, bestselling Pitbull of Parenting Larry Winget says "This is not a fix your kid book. It's a fix the way you parent book. You owe it to your kids to parent with a plan!" Being a parent is the toughest job in the world, especially with the increasing number of negative influences and pitfalls facing our kids today, from childhood obesity and out-of-control celebrity culture to the dangers of the internet and credit card debt. Larry Winget has never been one to shy away from tough truths, and what he says here may well be difficult for some parents to swallow: we are in the midst of a crisis with our kids. Kids today are over-indulged, over-entertained, under-achieving, and under-disciplined, with a sense of entitlement that is crippling society. And the real problem is that parents aren't paying attention to what's going on. If they were they would realize that most kids today barely read and write, except with their thumbs on their cell phones! Well-behaved, respectful kids are the exception, not the rule, and for the most part, parents are to blame. Responsible parenting is about beginning with the end in mind and parenting with a plan. But most parents have never stopped to consider what kind of adult they want to raise. They have all this fun creating a baby, but they don't have a plan for the end product. Larry's message to parents: Teach your kids to become the best adults they can be. But don't expect your kids to improve until you improve. Your Kids Are Your Own Fault covers familiar lessons and principles that have led Larry's readers to greater success with money, career, and goal setting, this time at a level where they can be taught to children. This book shows parents how to design the adult they want their kid to become and work backwards to make sure it happens. Kids don't come with an instruction manual, but finally being a parent does! Watch a Video

Download or read book Conceptions of Parenthood written by Michael W. Austin and published by Routledge. This book was released on 2016-05-23 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our parents often have a significant impact on the content of our beliefs, the values we hold, and the goals we pursue and becoming a parent can also have a similar impact on our lives. In Conceptions of Parenthood Michael Austin provides a rigorous and accessible philosophical analysis of the numerous and distinct conceptions of parenthood. Issues considered are the nature and justification of parental rights, the sources of parental obligations, the value of autonomy, and the moral obligations and tensions present within interpersonal relationships. Austin rejects the 'proprietarian', 'best interests of the child', and 'biological' conceptions of parenthood as failing to generate parental rights and obligations but considers more sympathetically the 'custodial relationship', 'consent', and 'causal' conceptions of parenthood and ultimately defends a 'stewardship' conception. Finally Austin explores the 'stewardship' view for practical and moral questions related to family life and social policy regarding the family, such as the education of children, the religious upbringing of children and state licensing of parents.

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?