Argentine court says US fugitive can be extradited
Headline Legal News
Argentina's Supreme Court has ruled that an American who took refuge and started a new life in the South American country can be extradited to face charges that he killed his wife over a decade ago, a court spokeswoman confirmed Saturday.
Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.
In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.
Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned.
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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.
