Relatives mourn family slain in Santa shootings
Headline Legal News
Joseph and Alicia Ortega came from Mexico and raised a large, loving family supported by the metal painting business they started in Southern California.
The remaining members of that family now are in mourning, after a Christmas Eve attack on the Ortegas' home by the vengeful ex-husband of one of their daughters, Sylvia Pardo.
Bruce Pardo donned a Santa Claus suit and killed nine members of the Ortega family during the Christmas party where the close-knit family gathered each year, before spraying the home with racing fuel that set it on fire. Pardo later killed himself.
"They really were a great family," said Jose Castillo, Sylvia Pardo's brother-in-law from an earlier marriage, who came to pay his respects Sunday at the end of a quiet cul-de-sac where the Ortegas' two-story home once stood. "They used to be together all the time."
Joseph Ortega, 80, and Alicia, 70, had retired about 10 years ago from their business painting metal furniture and other items in nearby El Monte.
The couple immigrated to the United States shortly after their marriage 53 years ago in the Mexican city of Torreon, that city's newspaper, El Siglo de Torreon, reported Saturday.
The family is well-known in the city, where Alicia's sisters are prominent businesswomen, the newspaper's editorial director Javier Garza told the Los Angeles Times.
Sylvia Pardo, 43, had been living at her parents' home since her divorce from Bruce Pardo, a 45-year-old electrical engineer, about a year ago, Castillo said.
Her earlier marriage to Jose Castillo's brother, Sabino Castillo, ended with Sabino's death in a traffic accident about 20 years ago, when she was pregnant with their youngest of two children.
Both children, a 21-year-old daughter and 20-year-old son, had escaped unharmed from the party where Bruce Pardo opened fire.
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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.