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Workers' Compensation Liens Asserted by Gulf Insurance Group
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August 7, 2026
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Gulf Insurance Group (“Gulf”) provided workers’ compensation coverage to some Member Clubs of the NFL and paid benefits to players for neurological injuries arising from their employment. Gulf asserted statutory lien rights against the Awards of two Settlement Class Members, and the Claims Administrator refused to recognize the asserted liens. Gulf requested rehearing of the Claims Administrator’s decision by the Special Master. The Special Master concluded that the Member Clubs are not third parties to the NFL Parties which fund the Awards, and the Awards in substance discharge the Member Clubs’ own liability for the players injuries rather than the liability of a third party. Because a workers’ compensation carrier is entitled to a statutory lien only where the Award is a recovery from a third party, Gulf has no right to subrogation. The Special Master’s Report and Recommendation was adopted by the Court.
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Lien Rules Implementation Opinion Regarding Greenlink Solutions, LLC
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February 28, 2025
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The Claims Administrator refused to recognize liens asserted by GreenLink Solutions, LLC (“GreenLink”) against the awards of Settlement Class Members, and GreenLink appealed the Claims Administrator’s decision to the Special Master. The Settlement Class Members had been represented by Byron Cuthbert, and Mr. Cuthbert had arranged for them to enter agreements purporting to assign the rights to recover proceeds against their Monetary Awards to their medical providers. The medical providers sold their rights to GreenLink, a third-party funding company. The Special Master approved the Claims Administrator’s refusal, concluding that the right that GreenLink asserted against the Monetary Award Fund is a true assignment and void under Section 30.1 of the Settlement Agreement.
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Lien Rules Implementation Opinion Regarding Asserted Attorney Costs
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June 24, 2024
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Byron Cuthbert sought to be “reimbursed” for amounts owed to third-party funders as a result of the process he used to finance the medical evaluations of Settlement Class Members. The Special Master found these charges were not “costs” under Rule 8 of the Rules Governing Attorneys’ Liens and directed the Claims Administrator to pay the Settlement Class Members the funds withheld from their awards for the “costs” asserted by Mr. Cuthbert.
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