Economist convicted of tax fraud in NY court

Headline Legal News

A California economist has been convicted of federal tax fraud charges in a New York court after he failed to pay more than $1.5 million in taxes, interest and penalties over two decades.

David Gilmartin was convicted Wednesday in U.S. District Court in Manhattan. Federal prosecutors said the charges stemmed from his failure to file income tax returns on more than $1.7 million in income from 1989 through 2010.

The government said Gilmartin earned money over a 22-year period by working as an economist, doing computer analysis for a variety of companies, including some in New York. The 69-year-old Phelan, Calif., resident faces up to 30 years in prison when he is sentenced on April 30.

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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.

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