Florida judge blocks new 15-week abortion ban
U.S. Court News
A Florida judge on Tuesday temporarily blocked a new 15-week abortion ban days after it took effect in the state, an expected move following an oral ruling last week in which he said the law violated the state constitution.
Judge John C. Cooper issued the order in a case brought by reproductive health providers who argue that the state constitution guarantees a right to the procedure. The state is expected to appeal. The law had gone into effect Friday before being blocked.
The decision came as abortion laws change at a frenzied pace across the country following the U.S. Supreme Court’s overturning of Roe v. Wade, with several state laws and court cases shifting access to the procedure.
The law prohibits abortions after 15 weeks, with exceptions if the procedure is necessary to save the pregnant woman’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow for exemptions in cases where pregnancies were caused by rape, incest or human trafficking.
The law was passed by the GOP-controlled legislature and signed by Republican Gov. Ron DeSantis this spring.
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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.