US defends attending Sudan leader's inauguration
Headline Legal News
The Obama administration is defending its decision to send a representative to the inauguration of Sudan's president, who won re-election despite facing an international arrest warrant for war crimes.
Omar al-Bashir was sworn in Thursday to another five-year term. Among those in attendance was a U.S. foreign service officer.
The State Department notes that the inauguration also was for a vice president, Salva Kiir, from the largest party representing southern Sudan.
Al-Bashir is sought by the International Criminal Court in the Netherlands for allegedly masterminding atrocities in Darfur.
State Department spokesman P.J. Crowley said Friday that al-Bashir should cooperate with the court and "should be held accountable."
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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.