Md. court considering same-sex spousal privilege
Headline Legal News
A court in Hagerstown is poised to consider whether a woman who legally married her lesbian partner in another jurisdiction can assert the spousal privilege of refusing to testify against her in Maryland, where same-sex marriage isn't allowed.
Lawyers are set to argue their positions Monday during a hearing in a 2010 assault case
Washington County prosecutors want the judge to compel Sharron Saleem to testify about her statement to police that Deborah Snowden pushed her and threatened her with a knife.
A brief filed by Snowden's public defender cites a 2010 opinion by Maryland Attorney General Douglas Gansler that out-of-state, same-sex marriages may be recognized under Maryland law. But Gansler's opinion didn't directly address the question of spousal privilege.
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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.