Missouri court lets redistricting initiative go to voters

National Legal News

A Missouri appeals court panel cleared the way Friday for voters to decide a November ballot initiative that could shake up of the state Legislature by requiring districts to be drawn to achieve "partisan fairness" and imposing new lobbying limits.

The ruling overturned a decision issued a week ago by a state judge who said the so-called Clean Missouri initiative violated the state constitution by addressing multiple topics.

The Western District appeals panel disagreed, ruling that the "multiple provisions all relate to a single central purpose: regulating the legislature to limit the influence of partisan or other special interests."

Republican-aligned attorneys for those opposing the measure said they would appeal to the state Supreme Court. But time is running short. Missouri law sets a Tuesday deadline to make changes to the Nov. 6. ballot. The state's high court previously turned down a chance to hear the case in place of the appeals panel.

As it stands, the measure would appear on the ballot as Constitutional Amendment 1.

"We hope this brings an end to it and that the people can vote in November on whether they want to adopt these changes," said attorney Chuck Hatfield, who represents Clean Missouri.

The initiative has been opposed in court by the president of the Missouri Chamber of Commerce and Industry and a Republican voter who was represented by the law firm of Missouri Republican Party Chairman Todd Graves.

Related listings

  •  Court: Free speech protects Trump comments at Kentucky rally

    Court: Free speech protects Trump comments at Kentucky rally

    National Legal News 09/12/2018

    A federal appeals court has dismissed a lawsuit alleging President Donald Trump incited a riot during a 2016 Kentucky campaign rally that led to assaults of three protesters.Kentucky residents Kashiya Nwanguma (kah-SHY'-ah wan-GOO'-mah), Molly Shah a...

  •  N Carolina elections board back in court in power struggle

    N Carolina elections board back in court in power struggle

    National Legal News 07/28/2018

    The repeatedly altered composition of North Carolina's elections board returned to court Thursday as a proxy for the lengthy power struggle between Democratic Gov. Roy Cooper and the Republican-dominated legislature.A panel of three trial judges list...

  •  Philadelphia's tax on soda upheld by state Supreme Court

    Philadelphia's tax on soda upheld by state Supreme Court

    National Legal News 07/18/2018

    Pennsylvania's highest court is upholding Philadelphia's tax on soda and other sweetened drinks, rejecting a challenge by merchants and the beverage industry.The Supreme Court ruled Wednesday the 1.5-cent-per-ounce levy is aimed at distributors and d...

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.