Robert Durst back in court for 2nd straight day
Headline Legal News
Authorities found nearly 150 grams of marijuana and a revolver in millionaire Robert Durst's hotel room when he was arrested over the weekend, a prosecutor said Tuesday.
Durst appeared before a judge for a second straight day to face the drug and weapons charges. He also is charged with murder in a Los Angeles killing 15 years ago.
He has been suspected in the disappearance of his first wife and he won an acquittal on a murder charge in Texas.
In a documentary about Durst's troubled life, he mumbled about how he "killed them all," providing a dramatic kick to the end of the series. But a law enforcement official said his arrest on the murder charge was based on words he wrote.
Analysis linking a letter Durst wrote to his friend Susan Berman a year before her killing with one he said "only the killer could have written" to point police to her body was the key new evidence in the long-dormant investigation into the 2000 killing, the official not authorized to speak publicly told The Associated Press on the condition of anonymity because the investigation was ongoing.
Durst, 71, was charged Monday in Los Angeles with first-degree murder in the shooting of Berman, the daughter of a prominent Las Vegas mobster. He could face the death penalty under special circumstances that allege he ambushed her and murdered a witness to a crime.
He waived extradition in New Orleans, but authorities there charged him late Monday with being a felon in possession of a gun because he had a revolver when he was arrested there Saturday. Assistant District Mark Burton said they found the pot and gun in his hotel room.
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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.