Former Prof Arrested, Accused of Taking 2 Guns Into Law Library

Headline Legal News

According to the ABA Journal, a former adjunct faculty member at the University of Louisville's law school was arrested Friday after allegedly bringing two handguns and 53 rounds of ammunition into the law school library around 8:30 a.m.

Police were initially called about Thomas Irwin, 56, because a library employee who recognized him knew that he had been banned from the campus in 2008, reports the Louisville Courier-Journal.

Authorities said Irwin had a permit to carry the handguns and told police he had the guns because he planned to go to a shooting range later in the day, the newspaper recounts. However, guns are banned on the University of Louisville campus, and Irwin was charged with carrying a concealed deadly weapon and criminal trespass. Both are misdemeanors.

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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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