One More Week For Sotomayor Vote
Headline Legal News
The National Law Journal reports that the Senate Judiciary Committee has delayed today's vote on the nomination of Judge Sonia Sotomayor to the Supreme Court.
The delay was expected as Republicans exercise their right for a one-week delay, commonly used by the minority party when voting on controversial issues. The vote will now take place July 28 where Sotomayor is expected to receive the nomination.
Democrats are anxious to vote, so that Sotomayor will be one step closer to filling her seat. The court has a finance case on Sept. 9 and the sooner she is confirmed, the more time she will have to prepare.
"We all know that Judge Sotomayor will be confirmed," Leahy said. "I hope that, when she is passed out of this committee, that there will be no delay on the floor because she will have a very, very few weeks after confirmation to move to Washington, set up her law clerks, set up her office, and prepare for a major, major case."
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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.