US heads to court to build Trump border wall in Texas
U.S. Court News
Three years into Donald Trump’s presidency, the U.S. government is ramping up its efforts to seize private land in Texas to build a border wall.
Trump’s signature campaign promise has consistently faced political, legal, and environmental obstacles in Texas, which has the largest section of the U.S.-Mexico border, most of it without fencing. And much of the land along the Rio Grande, the river that forms the border in Texas, is privately held and environmentally sensitive.
Almost no land has been taken so far. But Department of Justice lawyers have filed three lawsuits this month seeking to take property from landowners. On Tuesday, lawyers moved to seize land in one case immediately before a scheduled court hearing in February.
The agency says it’s ready to file many more petitions to take private land in the coming weeks. While progress has lagged, the process of taking land under eminent domain is weighted heavily in the government’s favor.
The U.S. government has built about 90 miles (145 kilometers) of walls since Trump took office, almost all of it replacing old fencing. Reaching Trump’s oft-stated goal of 500 miles (800 kilometers) by the end of 2020 will almost certainly require stepping up progress in Texas.
Opponents have lobbied Congress to limit funding and prevent construction in areas like the Santa Ana National Wildlife Refuge, an important sanctuary for several endangered species of jaguars, birds, and other animals, as well as the nonprofit National Butterfly Center and a historic Catholic chapel. They have also filed several lawsuits. A federal judge this month prevented the government from building with money redirected to the wall under Trump’s declaration of a national emergency earlier this year. Also, two judges recently ordered a private, pro-Trump fundraising group to stop building its own wall near the Rio Grande.
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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.