Blackbeard's ship case about images returns to trial court
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A treasure hunter who accuses the state of North Carolina of misusing his images from Blackbeard's flagship says he'll ask for 10 times the damages he originally sought, now that a court ruling has come down in his favor.
John Masters of Florida-based Intersal Inc. says he plans to seek $140 million in damages from the state following the ruling Friday from the North Carolina Supreme Court that the case must return to Business Court. He said an expert witness had put Intersal's losses from the state's use of more than 2,000 images and more than 200 minutes of film at $129 million. He's seeking another $11 million for losses over a permit that the state denied him, which would have allowed Intersal to search for a Spanish ship.
Almost a quarter-century ago, Masters' father, Philip, discovered the wreckage of the Queen Anne's Revenge, which ran aground in Beaufort, in what was then the colony of North Carolina, in June 1718. Volunteers with the Royal Navy killed Blackbeard in Ocracoke Inlet that same year.
Intersal found little loot when it located the shipwreck in 1996, but tens of thousands of artifacts have been recovered since then. Intersal and the state have reached two contracts, one in 1998 and another in 2013, that gave the company the rights to photos and videos of the wreck and of the recovery, study and preservation of its historic artifacts.
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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.