Trial for Chandra Levy slaying suspect stays in DC
Headline Legal News
A judge has decided to keep the trial of a man charged in the killing of federal intern Chandra Levy in the District of Columbia.
Attorneys for 28-year-old Ingmar Guandique (gwan-DEE'-kay) had argued he would not get a fair trial in Washington because of the extensive publicity. But Judge Gerald Fisher denied a motion Friday to change the venue of Guandique's trial in October.
Levy disappeared in May 2001 and her remains were found a year later in Rock Creek Park. Guandique faces a first-degree murder charge in her death.
The judge still has to rule on another defense request to suppress statements Guandique made to authorities in 2008.
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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.