Cuban-American judge from Florida on Trump high court list
U.S. Court News
A daughter of Cuban exiles who has had a swift rise as a lawyer and judge is on President Donald Trump’s short list to replace Ruth Bader Ginsburg on the U.S. Supreme Court.
The president said Monday that he does not personally know Barbara Lagoa, but praised her as “terrific.” Barely veiled was the fact that, as a Cuban-American from South Florida’s city of Hialeah, her selection could benefit Trump in the Nov. 3 election, when Florida could be the ultimate kingmaker. Lagoa grew up in a heavily Hispanic suburb of Miami.
“She’s excellent. She’s Hispanic. She’s a terrific woman from everything I know. I don’t know her. Florida. We love Florida. So she’s got a lot of things ? very smart,” Trump said in a call-in interview with “Fox and Friends.”
Asked whether politics would play a role in the decision, Trump responded: “I try not to say so. I think probably automatically it is. Even if you’re not wanting to do that it becomes a little automatic.”
Speaking to reporters at the White House later Monday, Trump said he might meet Lagoa when he travels to Florida on Thursday for a campaign rally in Jacksonville. “She has a lot of support,” said Trump, who added he held calls on Sunday and Monday with some of the candidates he’s considering. “I don’t know her but I hear she is outstanding.”
After the death Friday of 87-year-old Ginsburg, a liberal icon, Trump said he would name a woman as a replacement ? possibly by Saturday. Trump said Monday he has about five top prospects.
At 52, Lagoa would become the youngest member of the U.S. Supreme Court if nominated and confirmed. Lagoa, an only child, once joked that after graduating from Florida International University leaving her close-knit Cuban-American family for New York to obtain her law degree from Columbia University “was not a popular decision in my house.”
When she was picked for the Florida Supreme Court, Lagoa said her father gave up his dream of becoming a lawyer and that both her parents worked long hours while she rode her bike and roller skated down the streets of Hialeah where she was cared for by her grandmother.
“My parents sacrificed to send me to Catholic school further instilling in me an abiding faith in God that has grounded me and sustained me through the highs and lows of life,” she said.
Lagoa is currently a judge on the Atlanta-based 11th U.S. Circuit Court of Appeals. Trump appointed her to that post in 2019 and the Senate confirmed her on an 80-15 vote.
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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.