State bar hears from Supreme Court candidates
Headline Legal News
Four of the five candidates for West Virginia's Supreme Court believe it faces several serious threats to its integrity and reputation.
A declining number of opinions, allegedly unfair treatment of businesses and civility among the justices were among the issues cited at a Wednesday forum hosted by the state's bar association.
Two court seats are up this year. All five hopefuls attended, including Chief Justice Elliott "Spike'' Maynard.
The sole incumbent running, Maynard defended the level of discourse among the court's five justices and the quality and quantity of their opinions.
"I don't know any judge who misbehaved in the conference room,'' Maynard said. "I think the written product is as good as any court's in the land.''
Maynard has made national headlines following the release of photos showing him in Monaco with the chief executive of a coal company with cases pending before the court. He has since disqualified himself from at least three cases involving Massey Energy Co.
Fellow Democrat Menis Ketchum was asked about the court's method for handling recusal requests. A Huntington lawyer, Ketchum advocated an independent panel to resolve such issues.
While court rules require judicial officers to recuse themselves from "a proceeding in which the judge's impartiality might reasonably be questioned,'' it also gives that judge the final say.
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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.