Biden faces more criticism about the US-Mexico border, one of his biggest problems
Legal Events
The ad sounds like something out of the GOP 2024 playbook, trumpeting a senator’s work with Republicans to crack down on the flow of fentanyl and other illegal drugs into the U.S., getting tough on Chinese interests helping smugglers, and noting how he “wrote a bill signed by Donald Trump to increase funding for Border Patrol.”
It’s actually a commercial for Sen. Sherrod Brown, an Ohio Democrat facing a tough reelection fight that will help decide control of the Senate.
“Ohioans trust Sherrod Brown to keep us safe,” says the narrator of the ad, sponsored by the Democrat-aligned Duty and Country PAC. His campaign declined to comment.
The message is one more indication of the political and security challenges the U.S.-Mexico border has presented for President Joe Biden. Some Democrats across the country are distancing themselves from the White House, and polls indicate widespread frustration with Biden’s handling of immigration and the border, creating a major liability for the president’s re-election next year.
The Biden administration this week took two actions seen by many as moving to the right on immigration.
The Department of Homeland Security waived environmental and other reviews to construct new portions of a border wall in South Texas after Biden pledged during the 2020 campaign that he would build “not another foot” of wall. And U.S. officials said they would resume deportations to Venezuela not long after the administration increased protected status for thousands of people from the country.
Both moves inflamed conservatives and liberals alike. Many Republicans accused Biden of being too late to adopt former President Donald Trump’s ideas on a border wall, while liberals who oppose additional border restrictions accused the White House of betraying campaign pledges.
“My frustration has been that we are not addressing immigration in a holistic way as a country. We are depending on the president alone,” said Rep. Veronica Escobar of Texas, a Democrat who represents the border city of El Paso and is a national co-chair of the Biden re-election campaign. “We are treating people from different nationalities in a different way. And the pathways that have been created are being challenged in court consistently.”
Biden has said his administration moved forward with the border wall because it was required by Congress during the Trump administration, even though he considers it ineffective. His reelection campaign pointed to Trump’s record at the border, including his administration’s practice of separating immigrant families as a deterrence measure and the temporary detention of children in warehouses in chain-link cells.
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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.