ACLU Demands Info On DHS Computer Searches At Borders
Headline Legal News
According to Courthouse News, the ACLU demands information on the Department of Homeland Security's policy on searching laptop computers at international borders. The DHS' Customs and Border Protection office announced in July that it can search electronic devices and any printed material carried by travelers regardless of whether they are suspected of anything - a statement one senator called "truly alarming."
Such searches, made without suspicion of any legal infraction, violate civil rights, according to the complaint, which quotes Senator Russell Feingold as calling the practice "truly alarming."
A bill pending in Congress would require DHS to base such searches on reasonable suspicion.
The ACLU says the DHS blew off its Freedom of Information Act request for information about the policy.
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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.