Bogus 'Emergency' In Forest, Groups Say
Headline Legal News
Courthouse News reports that the US Forest Service declared a bogus "emergency situation" to push through a salvage timber sale in Northern California's Klamath National Forest, three environmental groups say in Federal Court. The Forest Service can declare an emergency when a project threatens imminent economic loss to the government, but the only ones who will lose if this project doesn't proceed is a private, third-party timber auction bidder, the groups say.
Under the National Environmental Policy Act, instead of the inaccurate and incomplete environmental analysis the Forest Service prepared, it needs to complete a more comprehensive environmental impact statement that also considers cumulative impacts and a full range of alternatives, the groups say.
Joining the Klamath-Siskiyou Wildlands Center as plaintiffs are the Environmental Protection Information Center and the Klamath Forest Alliance.
Represented by René Voss of San Anselmo, the groups seek withdrawal of the faulty environmental assessment, want the "emergency situation" to be set aside, and injunctive relief.
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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.