Leaked US cables reveal sensitive diplomacy
Headline Legal News
Hundreds of thousands of State Department documents leaked Sunday revealed a hidden world of backstage international diplomacy, divulging candid comments from world leaders and detailing occasional U.S. pressure tactics aimed at hot spots in Afghanistan, Iran and North Korea.
The classified diplomatic cables released by online whistle-blower WikiLeaks and reported on by news organizations in the United States and Europe provided often unflattering assessments of foreign leaders, ranging from U.S. allies such as Germany and Italy to other nations like Libya, Iran and Afghanistan.
The cables also contained new revelations about long-simmering nuclear trouble spots, detailing U.S., Israeli and Arab world fears of Iran's growing nuclear program, American concerns about Pakistan's atomic arsenal and U.S. discussions about a united Korean peninsula as a long-term solution to North Korean aggression.
There are also American memos encouraging U.S. diplomats at the United Nations to collect detailed data about the U.N. secretary general, his team and foreign diplomats — going beyond what is considered the normal run of information-gathering expected in diplomatic circles.
None of the revelations is particularly explosive, but their publication could prove problematic for the officials concerned. And the massive release of material intended for diplomatic eyes only is sure to ruffle feathers in foreign capitals, a certainty that prompted U.S. diplomats to scramble in recent days to shore up relations with key allies in advance of the disclosures.
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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.