Flake stokes presidential speculation as court debate rages
National Legal News
The Republican senator who suddenly sits at the center of the explosive debate over President Donald Trump's Supreme Court pick was set to address New Hampshire voters on Monday ahead of a possible run for president.
Arizona Sen. Jeff Flake was scheduled to speak in New Hampshire Monday evening, his second appearance this year in the state that hosts the nation's first presidential primary election.
Three days earlier, Flake single-handedly delayed Brett Kavanaugh's confirmation proceedings by insisting on an FBI investigation as a condition for his support.
Flake told CBS' "60 Minutes" on Sunday that he believed the woman accusing Kavanaugh of sexual assault and said the conservative judge's nomination would be "over" if federal investigators determine he lied to the committee.
Flake, a 55-year-old lifelong conservative who is retiring from the Senate at the end of the year, has quickly emerged as the centerpiece of a passionate lobbying effort from the right and left.
Organizers said a separate Flake appearance in Boston earlier in the day was moved to City Hall after security concerns emerged about the original location.
Hundreds of liberal protesters, victims of sexual assault among them, pleaded with Flake to block Kavanaugh's nomination outside the venue. A similar demonstration was planned for New Hampshire.
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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.