8-Year-Old Passes Law School Entrance Test
Law School News
An 8-year-old boy with dreams of becoming a judge has passed a law school entrance exam -- shocking Brazil's legal profession and prompting a federal investigation.
The Universidade Paulista, a multi-campus private university, issued a statement acknowledging that Joao Victor Portellinha de Oliveira had passed the entrance exam and that it initially enrolled him. But he was turned away from classes when he showed up on Thursday with his father.
The school said that the fifth grader has to graduate from high school before he can enter the university.
The university said one of its employees erred in accepting Oliveira's enrollment and said it would return his fees to the family.
"I think they should have been more considerate," the boy's mother, Maristela, told the UOL news Web site. "At least they should've allowed him to visit the college's facilities."
The Brazilian Bar Association said the boy's achievement should be a warning about the low standards of some of the nation's law schools.
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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.