Iraqi court sentences 3 French members of IS to death
Lawyer Interviews
A Baghdad court on Sunday sentenced three French citizens to death for being members of the Islamic State group, an Iraqi judicial official said. They were the first French IS members to receive death sentences in Iraq, where they were transferred for trial from neighboring Syria.
The verdict raised new questions about the legal treatment of thousands of foreign nationals formerly with the extremist group. Many now languish in prisons in Iraq or detention camps in northern Syria. Their home countries hesitate to take back citizens they see as having gone willingly to join the militant group.
The official said the three were among 12 French citizens whom the U.S.-backed Syrian Democratic Forces handed over to Iraq in January. The Kurdish-led group spearheads the fight against IS in Syria and has handed over to Iraq hundreds of suspected IS members in recent months.
The convicted French militants can appeal the sentences within a month, according to the official, who official spoke on condition of anonymity because he wasn't authorized to speak to the media.
Iraqi President Barham Saleh had said during a February visit to Paris that the 12 will be prosecuted in accordance with Iraqi laws. In March, Prime Minister Adel Abdul-Mahdi asserted Iraq's authority to try foreign IS suspects detained in Syria because "the battlefields were one."
The trials of the French nationals in Baghdad raise the difficult question of whether foreign IS suspects should be tried and punished in the country of their alleged crimes, even when there are serious doubts about the impartiality of the courts in Iraq and Syria.
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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.