Court rules for officer in Oklahoma teen’s death lawsuit
Legal Events
An appeals court ruling could mean the end of a federal lawsuit filed by the parents of a Black teenager who was naked and unarmed when he was shot and killed by suburban Oklahoma City police in 2019.
Police said 17-year-old Isaiah Lewis was naked when he broke into an Edmond home in April 2019 and attacked two officers. He was fatally shot after a stun gun didn’t stop him, Edmond police said.
Attorneys for Lewis’ parents said the teenager was experiencing a mental breakdown when the officers “unjustifiably” shot him.
But a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver on Friday ruled in favor of Officer Denton Scherman, who fired the fatal shots, saying he was entitled to qualified immunity for his actions, the Oklahoman reported on Saturday.
Attorneys for Lewis’ parents could ask the full appeals court to reconsider the ruling.
An autopsy found Lewis sustained gunshot wounds to his face, thighs and groin. Toxicology tests showed he had detectable amounts of a common antihistamine called diphenhydramine and THC, the active ingredient of marijuana, in his system.
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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.