Calif. high court to hear church's property appeal
Headline Legal News
The California Supreme Court has decided to hear an Orange County church's appeal to keep its beachfront church property, despite breaking away from the main Episcopal Church.
St. James Anglican Church, a theologically conservative breakaway church, has waged a nearly six-year fight to keep the church property instead of returning it to the Diocese of Los Angeles.
St. James is one of several dozen individual parishes and four dioceses nationwide that voted to split from the national church after the 2003 consecration of the first openly gay Episcopal bishop.
State courts have sided with the Los Angeles diocese throughout the six-year legal case. The church lost its petition to have the case heard in the U.S. Supreme Court last year.
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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.