African-American voters see court fight as affront to Obama
Legal Events
Watching the fight unfold between President Barack Obama and Senate Republicans over who should choose the next Supreme Court justice, Michael A. Bowden got angry at what he saw at the latest affront to the first black president.
And then his thoughts turned from Washington to his own state.
Obama won't be on the ballot this fall, but Pennsylvania GOP Sen. Pat Toomey will — and Bowden has made defeating him in November a priority.
"This kind of thing really burns me to the core," said Bowden, a 56-year-old Air Force veteran from Philadelphia. "I've already started planting the seed in people's heads that Sen. Toomey is one of those people in lockstep with the Republicans. This could give him a wake-up call that he could be vulnerable as well."
Democrats are pressuring senators in Pennsylvania, Ohio, New Hampshire, Illinois and Wisconsin to back down from their refusal to confirm or even consider Obama's nominee to succeed the late Antonin Scalia or face the consequences in November. In some states, they may get help from African-Americans who see the court battle as the latest GOP snub of Obama — one rooted in racism, which could galvanize a crucial component of the Democratic voting bloc.
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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.