After Mueller, Trump says he'll fight Dems on all fronts
Law Journals
President Donald Trump declared Wednesday that he and his administration will battle House Democrats on all legal fronts after the special counsel's Russia report, refusing to cooperate with subpoenas and appealing to the Supreme Court if Congress tries to impeach him.
Trump, seething as Democrats ramp up their probes after Robert Mueller's Russia investigation, said he "thought after two years we'd be finished with it."
"I say it's enough," Trump told reporters on the White House's lawn as he left for an event in Atlanta, accusing the Democrats of using investigations for their electoral advantage in 2020.
"The only way they can luck out is by constantly going after me on nonsense. But they should be really focused on legislation, not the things ... this has been litigated, just so you understand, this has been litigated for the last two years, almost since I got into office."
Trump said his administration would be "fighting all the subpoenas."
One congressional subpoena the administration is expected to resist calls for an appearance by Don McGahn, the former White House counsel who cooperated with Mueller. And the White House is pushing back on other fronts, including House Democratic efforts to obtain Trump's tax returns and his business' financial records.
But Trump's strategy for fighting impeachment at the Supreme Court could run into a roadblock: The high court itself said in 1993 that the framers of the U.S. Constitution didn't intend for the courts to have the power to review impeachment proceedings. The Supreme Court ruled that impeachment and removal from office is Congress' duty alone.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.