Court denies asylum to 28 detained Latin American mothers
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A legal ruling that would send 28 detained immigrant mothers and their children back to Latin America despite their claims they would be persecuted upon return was upheld on Monday by a federal appeals court.
A panel of the U.S. Court of Appeals for the Third Circuit denied asylum to the women from Honduras, Guatemala and Ecuador, saying their fears they would face violence at home were "not credible."
Judge D. Brooks Smith wrote in the decision that the justices were "sympathetic to the plight" of the petitioners, but he added that since the women arrived in the United States "surreptitiously" they were not entitled to constitutional protections.
The women came over the U.S. border in Texas but are being held at the Berks County Residential Center in Pennsylvania, said American Civil Liberties Union attorney Lee Gelernt, who represented the families.
"The decision is wrong as a matter of history and precedent, and if left intact, will be the first time in the history of the country that noncitizens on U.S. soil cannot obtain federal court review of the legality of their deportation," Gelernt said in a statement.
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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.