High Court declines case of 60s black militant H. Rap Brown
Legal Events
The Supreme Court is declining to take the case of a 1960s black militant formerly known as H. Rap Brown who is in prison for killing a Georgia sheriff’s deputy in 2000.
As is usual, the justices didn’t comment Monday in turning away Brown’s case. Brown had argued his constitutional rights were violated at trial.
Brown converted to Islam and now goes by the name Jamil Abdullah Al-Amin. He gained prominence more than 50 years ago as a Black Panthers leader and was at one point the chairman of the Student Nonviolent Coordinating Committee.
In 2002, Al-Amin was convicted of murder in the death of Fulton County sheriff’s Deputy Ricky Kinchen and the wounding of Kinchen’s partner, Deputy Aldranon English. He was sentenced to life in prison.
Al-Amin had argued that a prosecutor violated his right not to testify by directly questioning him during closing arguments in a sort of mock cross-examination.
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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.