Veteran Says Mercenaries Shot Him In Iraq
Headline Legal News
Courthouse News reports that civilian security contractors in Iraq shot and permanently disabled a US Special Forces sergeant as he returned to Baghdad International Airport after an intelligence mission, the veteran claims in Federal Court. Sgt. Khadim Alkanani claims the June 2005 shooting was "remarkably similar" to other incidents which employees of Aegis Defense Services have captured on "trophy videos" which show "senseless shootings of innocent personnel in automobiles from an armed vehicle."
Immediately after the shooting, the Aegis employees apologized for shooting him and his three-vehicle convoy, Alkanani says. They claimed they had mistaken them for suicide bombers - though Alkanani's convoy had been traveling directly behind the mercenaries and had stopped and showed identification at two checkpoints before the shooting.
The shooting took place within the main gate of Baghdad International airport, where there were no ongoing hostilities nor a credible threat of imminent hostilities, the complaint states.
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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.