Mont. Supreme Court considers access restrictions
Headline Legal News
The Montana Supreme Court is considering restrictions to public access of certain information now available throughout the court system, including a proposal to seal all documents filed in family law cases except for final orders.
Freedom of information advocates say the proposals are unnecessary and would run counter to the right-to-know provisions in the state constitution.
The Supreme Court put the recommendations out for public comment on Dec. 7. The comment period will last for 90 days.
State Law Librarian Judith Meadows, one of the authors of the proposals, said a change is needed because the court system's existing privacy rules aren't being applied evenly and people not represented by lawyers don't understand them.
That means sensitive information about children involved a custody dispute, divorce or another court proceeding could find its way to the Internet, where it could be gathered by child predators or be used to bully a child, Meadows said.
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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.