Wisconsin voters have another partisan choice for high court
National Legal News
The Wisconsin Supreme Court race being decided Tuesday won't result in an immediate change in the ideological leaning of the court, but the stakes were high for both sides because it could make it possible for liberals to win majority control next year.
Conservatives have been in the majority since 2008, currently with a 4-3 split. Their majority would increase to 5-2 if Brian Hagedorn defeats Lisa Neubauer. A win by Neubauer would give liberals a chance to take control in 2020.
The Wisconsin Supreme Court has been the final word in some of the most partisan battles in the state over the past decade. It has upheld several polarizing laws passed by the Republican-controlled Legislature, none more so than GOP former Gov. Scott Walker's law that essentially eliminated collective bargaining for public workers.
Now with Democratic Gov. Tony Evers often at odds with the Republican-controlled Legislature, the Supreme Court's role could be even more crucial in settling disputes. Already, cases fighting laws passed by Republicans during a December lame-duck legislative session appear headed to the court.
Tuesday's outcome will also be read for clues to the 2020 election cycle, with Wisconsin seen as a critical battleground for presidential hopeful. Expected low turnout could make that difficult. Past Supreme Court races in non-presidential years has generally been around 20%.
Both Neubauer and Hagedorn are appeals court judges and insist their personal views would not affect how they would rule on the Supreme Court.
There has been no public polling in the race, but Neubauer raised more money than Hagedorn — $1.7 million to $1.3 million.
Hagedorn, 41, served as a law clerk for conservative state Supreme Court Justice Michael Gableman. Hageman served as an assistant attorney general, worked in private practice and was Walker's chief legal counsel for nearly five years. Walker appointed him to the state appeals court in 2015, and Hagedorn won election two years later.
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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.