US Supreme Court asked to block Biden win in Pennsylvania
U.S. Court News
Republicans attempting to undo President-elect Joe Biden’s victory in Pennsylvania asked the U.S. Supreme Court on Tuesday to take up their lawsuit, three days after it was thrown out by the highest court in the battleground state.
In the request to the U.S. Supreme Court, Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania and the other plaintiffs are asking the court to prevent the state from certifying any contests from the Nov. 3 election, and undo any certifications already made, such as Biden’s victory.
They maintain that Pennsylvania’s expansive vote-by-mail law is unconstitutional because it required a constitutional amendment to authorize its provisions. Biden beat President Donald Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.
Pennsylvania’s Supreme Court on Saturday night threw out the lawsuit, including an order by a lower court judge blocking the certification of any uncertified races.
Justices cited the law’s 180-day time limit on filing legal challenges to its provisions, as well as the staggering demand that an entire election be overturned retroactively.
In the state’s courts, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law most of them by Democrats or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.
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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.