CDC restates recommendation for masks on planes, trains
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U.S. health officials on Tuesday restated their recommendation that Americans wear masks on planes, trains and buses, despite a court ruling last month that struck down a national mask mandate on public transportation.
Americans age 2 and older should wear a well-fitting masks while on public transportation, including in airports and train stations, the Centers for Disease Control and Prevention recommended, citing the current spread of coronavirus and projections of future COVID-19 trends.
For months, the Transportation Security Administration had been enforcing a requirement that passengers and workers wear masks.
The government had repeatedly extended the mandate, and the latest one had been set to expire May 3. But a federal judge in Florida struck down the rule on April 18. The same day, the TSA said it would no longer enforce the mandate.
The CDC asked the Justice Department to appeal the decision, which the department did. On Tuesday, CDC officials declined to comment on the status of the appeal. DOJ officials did not immediately respond to a request for information.
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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.