Georgia man accused in hot car death to appear in court
Legal Events
A Georgia man accused of killing his toddler son by leaving him in a vehicle on a hot day is set to appear in court for a hearing.
Cobb County Superior Court Judge Mary Staley is set to hear arguments on pretrial motions Monday in the case of Justin Ross Harris.
Police have said Harris left 22-month-old Cooper in an SUV for about seven hours on a day when temperatures reached at least the high 80s in the Atlanta area. He faces multiple charges, including malice murder, felony murder and cruelty to children.
Harris has been in custody since June 18, 2014, the day his son died. He was indicted in September 2014 and has pleaded not guilty. His attorneys have said the child's death was a tragic accident.
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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.