Doctor charged in Jackson's death due in court
Headline Legal News
The doctor charged in Michael Jackson's death is due back in court for a scheduling hearing that will determine when prosecutors will publicly present some of their evidence.
Dr. Conrad Murray is required to attend Monday's hearing, during which a Los Angeles judge is expected to schedule a preliminary hearing for later this year.
The judge will decide at that hearing whether there is enough evidence for the involuntary manslaughter case against the cardiologist to continue. Murray, who maintains offices in Las Vegas and Houston, was charged in February for administering a lethal dose of anesthetic propofol to Jackson.
Murray has pleaded not guilty and his attorneys have said the physician did not give Jackson anything that "should have" killed him.
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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.