LA Supreme Court considers teen robber’s 99-year sentence
Ethics
Louisiana’s Supreme Court is considering whether recent U.S. Supreme Court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.
Alden Morgan is now 35. He was 17 years old when he held up a couple with their baby daughter.
The New Orleans Advocate reports that several justices noted that his punishment is much higher than the nation’s highest court would have allowed for second-degree murder.
The U.S. Supreme Court has found it unconstitutional to execute juveniles, to give them life sentences for most crimes, and — except in rare cases — to deny them a chance at parole for most killings.
Morgan’s case appears to be the first time that Louisiana’s high court has considered how those rulings may affect sentences for lesser offenses.
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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.