Brother of victim in unsolved Ohio massacre appears in court
Law Promo News
The brother of one of eight victims of an unsolved southern Ohio massacre has appeared in court for a hearing on evidence-tampering and vandalism charges over allegations he destroyed a GPS tracking device.
Forty-year-old James Manley, of Peebles, appeared in Pike County Court on the felony charges Wednesday. A judge set an $80,000 bond. Court records don't indicate if Manley has an attorney.
Investigators trying to solve the slayings placed the tracking device on Manley's truck last month. Manley was jailed after turning himself in on Tuesday.
Manley's sister, Dana Rhoden, was among the eight members of the Rhoden family killed in April 2016. They were found shot at four homes near Piketon, about 70 miles (113 kilometers) south of Columbus. No arrests have been made in the slayings.
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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.