Chief justice details efforts to combat workplace misconduct
U.S. Court News
Supreme Court Chief Justice John Roberts is using his annual report on the federal judiciary to highlight the steps the branch has taken to combat inappropriate conduct in the workplace.
In December 2017, Roberts asked that a working group be put together to examine the judiciary's workplace conduct policies. His request followed news reports about prominent federal appeals court judge Alex Kozinski, who retired following accusations by women, including former law clerks, that he had touched them inappropriately, made lewd comments and shown them pornography.
The working group of judges and judiciary officials that Roberts asked be convened issued a report in June, finding that inappropriate conduct is not widespread among the judiciary branch's 30,000 employees but also is "not limited to a few isolated instances." The group offered a range of recommendations for further action.
Roberts, in his New Year's Eve report, endorsed those recommendations, which focus on revising the codes of conduct the judiciary has for judges and employees, streamlining the process for identifying and correcting misconduct, and expanding training programs aimed at preventing inappropriate behavior.
Roberts did not say anything in the report about the sexual assault allegations that nearly derailed the confirmation of the court's newest justice, Brett Kavanaugh. In testimony before senators in September, psychology professor Christine Blasey Ford alleged that a drunken Kavanaugh groped her and tried to take off her clothes at a party decades ago when they were teenagers. Kavanaugh denied the allegations.
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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.