Court rules Rams lawsuit can be heard in St. Louis courtroom
U.S. Court News
The Missouri Supreme Court has ruled that a lawsuit filed over the Rams' departure from St. Louis will be heard in a St. Louis courtroom, a defeat for the NFL team's owner who sought to send the case to arbitration.
The court issued its ruling Tuesday in a lawsuit filed by St. Louis city and county and the St. Louis Regional Convention and Sports Complex Authority, which owns the domed stadium where the Rams formerly played. It named Rams owner Stan Kroenke, who moved the team to Los Angeles for the 2016 season, the NFL and league owners.
It wasn't immediately clear if an appeal was planned. Messages left Wednesday with the Rams, Kroenke's attorney and the NFL were not immediately returned
The lawsuit alleged that the Rams' departure violated a 1984 league guideline that was established after the Raiders moved from Oakland to Los Angeles. The league, the Rams and Kroenke have argued that the disagreements should be settled behind closed doors in arbitration.
The suit seeks financial damages, but a win for the city, county and dome authority would not return the team to St. Louis.
The Rams' departure left a bitter taste in St. Louis, which lost an NFL team for the second time in 30 years ? the Cardinals moved to Arizona in 1987.
Last month, a judge gave preliminary approval to the settlement of a separate suit filed on behalf of fans who bought St. Louis Rams tickets and team merchandise. The settlement could be worth up to $25 million. The lawsuit claimed fans would not have purchased the tickets and goods if they knew about the impending move.
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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.