New Mexico governor appoints judge to court of appeals
U.S. Court News
New Mexico Gov. Michelle Lujan Grisham has appointed a judge to the state Court of Appeals to fill a vacancy created by Justice Julie J. Vargas’ appointment to the state Supreme Court.
The state’s 4th Judicial District Chief Judge Gerald E. Baca was appointed to the New Mexico Court of Appeals on Friday.
“Judge Baca has extensive experience on all sides of criminal and civil litigation as well as a diverse and rigorous background on the bench,” said Lujan Grisham, a Democrat, in a statement. “Our state Court of Appeals will greatly benefit from his decades of judicious and exemplary practice as an attorney and jurist.”
Baca, a New Mexico native, has presided over criminal cases in the district court that serves the counties of Guadalupe, Mora and San Miguel since 2013.
“I’m so excited and looking forward to doing this work,” Baca said. “But at the same time, a little saddened because I’ve been here in my hometown serving my community. It’s hard to leave hoping that I’ve done a good job but looking forward to being able to do good things for the people of New Mexico and the Court of Appeals.”
Baca, 59, will now be one of 10 judges tasked with reviewing appeals from the state’s lower courts.
New Mexico Court of Appeals judges serve eight-year terms and must be retained by at least 57% of voters at the end of each term, the Santa Fe New Mexican reported.
Baca, a registered Democrat, will have to win the 2022 primary and general elections to remain on the Court of Appeals, the newspaper reported. This is Baca’s third gubernatorial appointment.
Former Democratic Gov. Bill Richardson appointed Baca to the 4th Judicial District seat in 2007. Baca then lost his job in an election the following year.
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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.