Court reviews Ga. firing of transgender woman
Headline Legal News
A federal appeals court is considering whether a former Georgia state legislative aide who was fired amid her sex change was the target of sexual discrimination.
The 11th U.S. Circuit Court of Appeals on Thursday heard the case of Vandy Beth Glenn, who said in a 2008 lawsuit that legislative counsel Sewell Brumby fired her after she told him she would come to work dressed as a woman as she transitioned from man to woman.
Glenn, formerly known as Glenn Morrison, said she was told she was fired because her gender transition would be seen as "immoral" by Georgia lawmakers.
State attorneys contend they broke no law and said federal laws that guarantee the rights of some minorities don't extend to transgender employees.
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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.