Massachusetts teen due in court in texting suicide case
Headline Legal News
A Massachusetts woman accused of sending her boyfriend text messages encouraging him to kill himself is due in court for a pretrial hearing.
Michelle Carter is charged with manslaughter in the 2014 death of Conrad Roy III. The 18-year-old Roy died of carbon monoxide poisoning. Prosecutors say the then-17-year-old Carter had sent him dozens of messages urging him to follow through on his suicide plan.
Earlier this month, Carter’s attorney asked a judge for funds to hire an expert to explain the effects of an antidepressant to a jury at Carter’s trial. The judge denied the request.
Carter’s lawyer said both teens were taking an antidepressant that has a warning that it may cause suicidal thoughts.
Carter’s lawyer said he may make additional arguments at a hearing scheduled for Monday.
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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.