Lawyer tells Australian court Geoffrey Rush barely eating
Supreme Court News
Oscar-winning actor Geoffrey Rush has become virtually housebound, barely eats and wakes each morning with a "terrible sense of dread" since a Sydney newspaper alleged inappropriate behavior toward an actress, his lawyer swore in an affidavit.
Lawyer Nicholas Pullen's affidavit submitted to the Australian Federal Court in Sydney on Monday said the 66-year-old Australian actor had suffered "tremendous emotional and social hardship" since The Daily Telegraph accused him in December of inappropriate behavior toward actress Eryn Jean Norvill during the Sydney Theatre Company's production of "King Lear" in 2015.
Rush has denied the allegation. He is suing the newspaper over the articles, which he says portray him as a pervert and sexual predator. Details of the alleged behavior remain vague.
Rush "suffers lack of sleep and anxiety requiring medication" and believes his worth to the entertainment industry "is now irreparably damaged," his lawyer wrote.
He rarely left home in the three months after the articles and "has been virtually housebound," his lawyer said.
Rush "has lost his appetite and barely eats" and "wakes up every morning with a terrible sense of dread about his future career," Pullen added.
Rush has performed in the Sydney Theatre Company for 35 years. He won the 1997 best actor Academy Award for "Shine" and has three other Oscar nominations. He is perhaps best known as Captain Barbossa in the "Pirates of the Caribbean" films.
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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.