Former Sen. Barringer to run for North Carolina high court
U.S. Court News
Candidates for the North Carolina Supreme Court continue to grow with two or three seats on the ballot next year due to Chief Justice Mark Martin's impending resignation.
Former state Sen. Tamara Barringer of Cary told supporters Tuesday she would seek a court spot in 2020. The attorney and university professor served in the legislature for over six years before losing in November.
Barringer says she'll seek an associate justice's seat. It's unclear if one or two will be open. It depends on whether Gov. Roy Cooper elevates someone already on the court when he names a successor to Martin, who leaves Feb. 28.
Court of Appeals Judges Lucy Inman and Phil Berger Jr. have put out their names to run for the state's highest court in the past week.
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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.