Appeals court: EPA chief doesn't have to give deposition
Legal Events
A federal appeals court says U.S. Environmental Protection Agency Administrator Gina McCarthy doesn't have to give a deposition in a coal company's lawsuit over the impact of regulations on jobs.
A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond on Wednesday overturned a decision by U.S. District Judge John Preston Bailey in Wheeling, West Virginia.
Bailey had ruled there's no viable alternative to deposing McCarthy in coal producer Murray Energy's lawsuit alleging the EPA has shirked its obligation to conduct job-loss analyses on the Clean Air Act regulations.
The appeals court's one-page order did not explain why it ruled in McCarthy's favor.
Related listings
-
Perry's indictment in hands of top Texas criminal court
Legal Events 11/19/2015Attorneys for former Texas Gov. Rick Perry urged the state's highest criminal court Wednesday to dismiss felony abuse-of-power charges that the Republican blames in part for foiling his short-lived 2016 presidential run. After two hours of arguments,...
-
High court rejects ex-stockbroker's appeal in fraud case
Legal Events 11/02/2015The Supreme Court turned away an appeal from a former Toronto stockbroker convicted in a multimillion-dollar securities fraud who says federal prosecutors should have turned over documents that might have helped his defense. The justices Monday let s...
-
Georgia man accused in hot car death to appear in court
Legal Events 10/12/2015A Georgia man accused of killing his toddler son by leaving him in a vehicle on a hot day is set to appear in court for a hearing. Cobb County Superior Court Judge Mary Staley is set to hear arguments on pretrial motions Monday in the case of Justin ...
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.