Dubuque man seeks change of venue for new murder trial
Legal Events
A Dubuque man who was granted a new trial by the Iowa Supreme Court last year is seeking a change of venue for that new trial.
Fontae Buelow, 28, filed Thursday for the change of venue from Dubuque County, saying media coverage of the case has made it impossible for him to get a fair trial there, the Telegraph Herald reported.
Authorities have maintained that Buelow fatally stabbed his girlfriend, 21-year-old Samantha Link of Peosta, on March 31, 2017. Buelow has insisted Link stabbed herself twice in the chest. A jury convicted Buelow of second-degree murder in 2018, but in December, the state Supreme Court ordered a new trial.
The high court agreed with the Iowa Court of Appeals, which faulted the trial judge for not allowing defense attorneys to present information about Link’s mental health records and prior suicide attempt. Buelow’s second trial is scheduled to begin May 25.
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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.