Ga. county must $4 million to billboard firm
Headline Legal News
A Georgia county has been ordered to pay more than more than $4 million in damages and attorney fees to a billboard company as part of its ongoing fight to keep billboards out of Atlanta's northern suburbs.
The Atlanta Journal-Constitution reports that the verdict is the latest blow to Fulton County in its long-running legal battle against billboard companies.
A U.S. District Court in Atlanta jury last month awarded the $3.97 million in damages to KH Outdoor, which sued the county in 2003. Last week, a federal judge ordered the county to pay $477,156 in attorneys' fees and expenses to the company's lawyers.
Adam Webb, a lawyer for the billboard company, declined to comment. Fulton County Attorney David Ware said an appeal by the county "remains a viable option."
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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.