Ex-Attorney General McGraw files for Supreme Court race

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Former state Attorney General Darrell McGraw wants one of his old jobs back.

According to the West Virginia secretary of state's website, the 79-year-old McGraw filed on Saturday to run for the state Supreme Court.

McGraw spent one term on the court from 1976-1988 and served five terms as attorney general. He lost the 2012 attorney general's race as the Democratic incumbent to Republican Patrick Morrisey.

The Supreme Court election will be nonpartisan for the first time in 2016. The election will be held during the May primary.

Incumbent Justice Brent Benjamin is seeking re-election. Others who have filed for the race are Wayne King, Beth Walker and Bill Wooton.

McGraw's brother, Warren McGraw, previously served on the Supreme Court.

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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.

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