Supreme Court has failed to find leaker of abortion opinion
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The Supreme Court said Thursday an eight-month investigation that included more than 120 interviews and revealed shortcomings in how sensitive documents are secured has failed to find who leaked a draft of the court’s opinion overturning abortion rights.
Ninety-seven employees, including the justices’ law clerks, swore under oath that they did not disclose a draft of Justice Samuel Alito’s opinion that overturned Roe v. Wade, the court said.
It was unclear whether the justices themselves were questioned about the leak, which was the first time an entire opinion made its way to the public before the court was ready to announce it.
Politico published its explosive leak detailing the Alito draft in early May. Chief Justice John Roberts ordered an investigation the next day into what he termed an “egregious breach of trust.”
On Thursday, the court said its investigative team “has to date been unable to identify a person responsible by a preponderance of the evidence.”
The investigation has not come to an end, the court said. A few inquiries and the analysis of come electronic data remain.
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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.