Searchers seek gunman in Utah ranger shooting
Headline Legal News
Searchers combed the rugged red rock terrain near Moab for a third day Monday in their hunt for a possibly armed and dangerous man they believe was involved in the shooting of a Utah park ranger.
The target of their manhunt was Lance Leeroy Arellano, 40, who officials believe may be wounded and in need of medical help after the shootout late Friday. Authorities have recovered a rifle, backpack and a tattered, bloody T-shirt while searching for Arellano over the weekend in a canyon along the Colorado River.
The ranger, Brody Young, 34, suffered injuries to an arm, leg and his stomach area, and underwent surgery over the weekend, Grand County Sheriff Jim Nyland said. A spokeswoman for St. Mary's Hospital in Grand Junction, Colo., said Monday that Young is listed in serious condition.
The shootout occurred after Young stopped a vehicle near the Poison Spider Mesa Trail southwest of Moab near the Colorado River. The scenic trail, among Utah's best-known biking runs, rises more than 1,000 feet into the surrounding countryside.
Authorities have not yet been able to interview Young, and it remained unclear what sparked the violence.
More than 160 law enforcement officers spent the weekend searching a 15-square mile area near eastern Utah's Dead Horse State Park. Nyland has said the area's rugged terrain likely has given Arellano the "upper hand" in avoiding capture.
"He pretty much knows where we are at all times because of the number of people we have," Nyland said at a press conference.
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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.