Guilty plea in Wash. shooting spree that killed 6

Headline Legal News

A man who killed six people, including a sheriff's deputy, in a northwest Washington shooting rampage last year pleaded guilty Tuesday and will spend the rest of his life in a mental hospital or prison.

Isaac Zamora entered the pleas to 18 charges, including aggravated murder, attempted murder and burglary, after prosecutor Rich Weyrich agreed he would not seek the death penalty.

"Mr. Zamora won't ever walk the streets again," Weyrich said. "From a public safety standpoint, we've accomplished that."

Zamora, 29, began his rampage Sept. 2, 2008, near the town of Alger, 70 miles north of Seattle, and continued it on Interstate 5. Described by his family as mentally disturbed, he was captured after a police chase and later told investigators he killed for God.

The dead included a man who had accused Zamora of trespassing, a woman who lived nearby, two construction workers, a motorist on the highway, and Skagit County Deputy Sheriff Anne Jackson. Jackson had frequently tried to help Zamora's family deal with his mental illness, Zamora's mother said.

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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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