Court spurns religious claim to name change
Legal Events
An appeals court has rejected a Kansas man's claim that the federal justice system's refusal to recognize his new Muslim name violates his constitutional religious rights.
The 10th U.S. Circuit Court of Appeals ruled Tuesday that Michael White failed to show it was unreasonable to deny his request to amend all records in his criminal case.
A lower court held that replacing the name Michael White with Abdul Hakeem Kareem Mujahid in all federal court records would create confusion.
Mujahid is serving 10 years at a prison in Colorado for killing another inmate at the U.S. Penitentiary in Leavenworth. A Kansas court granted his petition to change his name in December 2010.
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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.