German court cancels session in Auschwitz guard trial

Headline Legal News

A German court has canceled another session in the trial of a 93-year-old former Auschwitz guard due to his poor health.

The Lueneburg state court said Wednesday's session in the trial of former SS sergeant Oskar Groening was called off, the fourth to be scrapped, and proceedings should resume June 9. The court already has limited sessions in Groening's trial, which opened in April, to three hours.

Groening is charged with 300,000 counts of accessory to murder on allegations he helped the death camp function by sorting cash and valuables seized from Jews.

On Tuesday, the court heard testimony from Angela Orosz-Richt, who was born at Auschwitz. She said she survived "because I have a mission to speak for those who can't speak," the news agency dpa reported.

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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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