Nevada's GOP governor honored by mention about high court
Headline Legal News
The prospect of President Barack Obama's nominating a Republican for the Supreme Court seems a long shot, but there's been some talk in Washington about Nevada's GOP governor, Brian Sandoval.
Sandoval says he's honored to have his name mentioned as a potential successor for the late Justice Antonin Scalia, but says he's heard nothing to think the Democratic president is considering him.
Sandoval — a former federal judge who supports abortion rights — isn't saying whether he thinks the Senate should act on a nominee from Obama. Senate Republican leaders have said it should be up to the next president — who takes office in January 2017— to submit a nominee.
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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.