Mo. man pleads guilty in 10-fatality Okla. wreck
Headline Legal News
A former Missouri truck driver charged in the deaths of 10 people in a northeast Oklahoma traffic collision has been sentenced to 30 days in jail and 10 years probation.
Ottawa County District Attorney Eddie Wyant said in a statement that 77-year-old Donald L. Creed of Willard, Mo., pleaded guilty Monday to 10 counts of misdemeanor negligent homicide.
An Oklahoma Highway Patrol report says it appeared the tractor-trailer Creed was driving June 26, 2009 didn't slow before it ran into traffic that had stopped for an earlier accident on Interstate 44.
Creed was driving for Kansas City, Kan.-based Associated Wholesale Grocers, but has since retired.
A message seeking comment was left for to Creed's attorney, Paul Brunton.
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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.