Senate begins final day of Supreme Court nominee hearings

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Senators began the fourth and final day of hearings for Supreme Court nominee Brett Kavanaugh on Friday, but with the nominee finished answering questions the day they seemed unlikely to alter his path to confirmation.

Senate Democrats worked into the night Thursday in a last, ferocious attempt to paint Kavanaugh as a foe of abortion rights and a likely defender of President Donald Trump. But after two marathon days in the witness chair in a Senate hearing room, Kavanaugh appeared on his way to becoming the court's 114th justice.

The 53-year-old appellate judge stuck to a well-rehearsed script throughout his testimony, providing only glimpses of his judicial stances while avoiding any serious mistakes that might jeopardize his confirmation. In what almost seemed like a celebration Thursday, Kavanaugh's two daughters returned to the Senate Judiciary Committee hearing room for the final hours of testimony, accompanied by teammates on Catholic school basketball teams their father has coached.

On the schedule Friday are more than two dozen witnesses on both sides of the nomination fight. Democratic witnesses include John Dean, Richard Nixon's White House counsel who cooperated with prosecutors during the Watergate investigation, and Rochelle Garza, the legal guardian for a pregnant immigrant teenager whose quest for an abortion Kavanaugh would have delayed last year.

On the Republican side, former solicitors general Theodore Olson and Paul Clement will testify in support of the nominee, along with former students, law clerks and the mother of a basketball player Kavanaugh coached.

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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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