Nominees Announced for 10TH Judicial Circuit
Headline Legal News
fter consultation with The Florida Bar and general counsel for Gov. Charlie Crist, the 10th Circuit Judicial Nominating Commission met on March 24, 2008, and named additional nominees for the two circuit judge positions made vacant by the retirements of Judges Ralph Artigliere and Susan Roberts.
These additional nominees are: Mark H. Hofstad, Robin Matis-Jackson, and Donald E. Ratterree.
The following is a complete list of nominees for the three pending judicial positions (in alphabetical order):
David R. Carmichael
Angela J. Cowden
Mark H. Hofstad
Robin Matis-Jackson
Michael E. Raiden
Donald E. Ratterree
Ryan Christopher Rodems
Keith P. Spoto
Ronald N. Toward
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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.