Court suspends ban on a show by French comic
Headline Legal News
A French court has suspended a ban the city of Nantes imposed to prevent a show on Thursday night by a comic whose performances are considered anti-Semitic.
But Interior Minister Manuel Valls said he would appeal the ruling to the Council of State, France's highest administrative authority, to combat the "mechanics of hate."
The Nantes performance of Dieudonne M'Bala M'Bala would kick off a national tour by the comic, who has popularized the "quenelle" hand gesture, which Valls has criticized as an "inverted Nazi salute."
In its ruling, the court called the ban a grave attack on freedom of expression. Jacques Verdier, lawyer for Dieudonne celebrated the ruling, saying: "The show will go on tonight."
Dieudonne has been convicted more than a half-dozen times for inciting racial hatred or anti-Semitism.
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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.