Republicans challenge New Mexico redistricting after loss
U.S. Court News
The New Mexico Supreme Court is scheduled to hear oral arguments Monday in a legal challenge to a congressional map that divvies up a politically conservative region of the state.
It’s one of several court battles in states from Kentucky to Utah regarding U.S. House districts enacted by state legislatures and alleged constitutional violations.
The Republican Party and several other plaintiffs have accused Democratic lawmakers in New Mexico of breaking up the southeastern corner of the state — an oil producing region and Republican stronghold — into three districts “for raw political gain.”
The case holds implications for the 2nd Congressional District where Democrat Gabe Vasquez in November ousted incumbent U.S. Rep. Yvette Herrell. The majority-Hispanic district currently stretches from the U.S. border with Mexico across desert oilfields and portions of Albuquerque.
Clovis-based District Judge Fred Van Soelen in April cleared the way for Republicans to challenge the new congressional map, while barring immediate changes that might have disrupted the 2022 midterm election.
Democratic Gov. Michelle Lujan Grisham and leading Democratic legislators have asked the Supreme Court to intervene and preserve their redistricting plan. They say new boundaries to the state’s three congressional districts were vetted appropriately through the political process to ensure more competitive districts that reflect population shifts, with deference to Native American communities.
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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.