Justice Beth Clement leading Supreme Court race
U.S. Court News
Michigan Supreme Court Justice Elizabeth Clement is leading a six-candidate field for two seats on the state's highest court. Nearly 95 percent of votes have been counted. The top two finishers get black robes.
Justice Kurtis Wilder and appellate lawyer Megan Cavanagh are battling for the second spot. Cavanagh, a Democrat, is the daughter of former Justice Michael Cavanagh.
With Clement and Wilder, Republicans have a 5-2 majority on the Supreme Court, though candidates aren't identified by party on the ballot. University of Michigan law professor Sam Bagenstos was far behind in fourth place and threw in the towel — literally.
After a long campaign, he says it's time for him to do some "deferred laundry." Former CIA analyst Elissa Slotkin has defeated Republican Rep. Mike Bishop, denying him a third House term representing their southeastern Michigan district and flipping the seat to the Democrats.
Slotkin, who worked as a CIA analyst under presidents George W. Bush and Barack Obama and who advocates for public service, said that if she was elected Tuesday, she would push for affordable health care.
Both parties spent heavily on the race, with Democrats sensing that the typically reliable Republican district was vulnerable. Two others also ran: Libertarian Party candidate Brian Ellison and U.S. Taxpayers Party candidate David Lillis.
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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.