Court affirms conviction in hot-grease injuries to wife
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The Mississippi Supreme Court has affirmed the conviction of a man who injured his wife by dousing her with hot grease after she said she was planning to leave him.
Justices handed down a unanimous decision Thursday in the appeal of Kendall Woodson, 42, of Greenwood, the Greenwood Commonwealth reported.
“We cannot find any arguable issue for appeal or reversible error committed by the trial court,” Justice David Ishee wrote in upholding the conviction.
Woodson was convicted in 2017 of domestic aggravated assault and sentenced to 20 years in prison. He is in the Holmes/Humphreys County Correctional Facility in Lexington.
Woodson and his wife had been married for 20 years at the time of the assault. According to court records, Anita Woodson testified that she got home from work around 12:45 a.m. on Aug. 6, 2015. During an argument, she told her husband she was going to leave him the next day.
She fell asleep, then woke up when Kendall Woodson pulled her up by the hair, began beating her and poured hot cooking oil on her head, while threatening to kill her. Anita Woodson was severely burned and received a concussion.
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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.