Indiana's newest Supreme Court justice joins high court

Headline Legal News

Former Wabash County Superior Court Judge Christopher Goff was sworn in Monday as Indiana's newest state Supreme Court justice, joining a high court that's been completely remade since 2010 following a series of retirements.

Chief Justice Loretta Rush administered the oath of office for Goff during the swearing-in at the court's Statehouse offices.

Goff, 45, is now the court's youngest member. He succeeds Justice Robert Rucker, who retired in May after 18 years on the court. Rucker retired five years before reaching the court's mandatory retirement age of 75. In 1999, he became only Indiana's second black justice when Democratic Gov. Frank O'Bannon named him to the high court.

All five justices are now white and all have been appointed since 2010 by Republican governors to replace justices who retired.

Goff joins Rush and justices Steven David, Mark Massa and Geoffrey Slaughter on the court.

Gov. Eric Holcomb will preside over a ceremonial oath and public robing ceremony on Sept. 1 for Goff, who is expected to hear his first oral arguments with the court on Sept. 7.

Holcomb chose Goff in June to fill the court's vacancy from among three finalists selected by Indiana's Judicial Nominating Commission.


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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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