Court: Sex offender can challenge internet restrictions
Legal Events
A convicted sex offender challenging restrictions on internet use will get a new hearing before New Jersey's parole board.
The state Supreme Court ruled Tuesday in the case of a man identified only by the initials J.I. who had claimed the restrictions were unconstitutional and violated his due process rights.
The man was convicted in 2003 of sexual assault in the molestation of his two daughters.
While on community supervision after his release, he was allowed to use a computer only to access social networking sites for employment and work purposes. After violating those rules, his parole supervisor prohibited him from using any device with internet capabilities.
Tuesday's unanimous ruling held that J.I. deserved a hearing to challenge the restrictions, reversing a 2015 appeals court decision.
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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.