Hates Crimes May Cover Gender, Sexual Orientation
Headline Legal News
The Associated Press is reporting that on Thursday the Senate approved an expansion of federal hate crime laws. The legislation will allow the 1968 hate crimes law to cover those attacked because of their gender, sexual orientation, gender identity or disability.
Senate Majority Leader Harry Reid said, "This bill simply recognizes that there is a difference between assaulting someone to steal his money, or doing so because he is gay,or disabled, or Latino or Muslim."
The legislation also ends the "federally protected acts," meaning that now it doesn't matter where the crime takes place. The 1968 bill only covered crimes in federal government-related environments, including schools and court rooms.
This piece of legislation is an amendment to the new defense spending bill that is expected to be finished sometime next week. President Barack Obama has promised to veto the bill if it includes more money for an F-22 fighter program he is trying to end.
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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.