High court ruling vindicates Obama on health care
Headline Legal News
Marking a pivotal point in the presidential campaign, the Supreme Court's decision to uphold President Barack Obama's sweeping federal health care law handed the Democratic incumbent crucial election-year vindication for his signature legislative accomplishment.
Republican rival Mitt Romney, an ardent opponent of the law, prepared to use the decision for his own political gain and planned to cast himself as the next best hope for the millions of Americans who favor the law's repeal.
The decision put an end to what had been one of the biggest unknowns in the presidential race. Four months from Election Day, both Obama and Romney will seek to use the high court ruling to bolster their vision for the country, as well as raise money for their campaigns.
The Romney campaign said it had collected more than $100,000 in online donations in the hour after the decision was announced.
Both men were expected to comment around midday Thursday from Washington. Romney was scheduled to speak first, followed by Obama.
The high court announced Thursday, in a 5-4 decision, that it was upholding the requirement at the heart of the health care law: that most individuals must buy health insurance or pay a penalty.
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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.