Democrats: Abortion rulings may be ‘a blessing in disguise’
U.S. Court News
banning nearly all abortions after 20 weeks of pregnancy to go into effect.
But some North Carolina Democrats say the ruling earlier this month — the latest fallout of the June U.S. Supreme Court decision eliminating federal abortion protections — might be the catalyst their party needed to reinvigorate its political prospects in what was shaping up to be a losing year.
“I do think it’s a blessing in disguise for Democrats,” said Morgan Jackson, consultant to powerful North Carolina Democrats like Gov. Roy Cooper and Attorney General Josh Stein. “It was a horrible policy decision that set back decades and decades of progress for women, but at that same time, it has given Democrats a renewed optimism about this year.”
U.S. District Judge William Osteen ruled Aug. 17 that the U.S. Supreme Court decision overturning Roe v. Wade erased the legal foundation for his 2019 ruling that had placed an injunction on the 1973 state law banning abortions after 20 weeks. Though the law allows leeway for urgent medical emergencies that threaten the patient’s life or “create serious risk of substantial and irreversible physical impairment,” it does not grant exceptions for rape or incest.
The judge’s decision comes as North Carolina is preparing to vote this fall on its entire state legislature, two state supreme court races, all 14 U.S. House seats and a high-profile U.S. Senate contest.
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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.