Ill. gov. says ready to tell his side of scandal

Headline Legal News

Gov. Rod Blagojevich said Wednesday he is ready to tell his side of the scandal to the people of Illinois and that he would do so no later than Thursday.

"I can't wait to begin to tell my side of the story and to address you guys and, most importantly, the people of Illinois. That's who I'm dying to talk to," he said as he left his home Wednesday morning for a jog.

"There's a time and place for everything. That day will soon be here and you might know more about that today, maybe no later than tomorrow."

On Tuesday, an impeachment inquiry against Blagojevich hit a speed bump shortly after getting under way, with state lawmakers seeking guidance from federal prosecutors and postponing any real action until the governor's attorney arrives.

The attorney, Ed Genson, planned to attend Wednesday's meeting of a special Illinois House committee reviewing potential impeachment and may provide the first hint of the embattled Democratic governor's strategy.

The committee's chairwoman, Rep. Barbara Flynn Currie, said Wednesday's meeting would focus on a review of the criminal case against Blagojevich and no witnesses would be called.

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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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