Indiana governor names Judge Goff to state Supreme Court
Legal Events
Indiana's next state Supreme Court justice, Wabash County Superior Court Judge Christopher Goff, said Monday his appointment to the state's highest court is humbling beyond words and something he never would have imagined at the start of his legal career.
Goff's selection to fill the vacancy created by Justice Robert Rucker's retirement was announced by Gov. Eric Holcomb. The governor said Goff, 45, "will bring his unique voice and experiences" from his years in rural Indiana to the five-member court when he becomes its youngest member.
"Judge Goff grew up in a working class neighborhood and has spent most of his life living in a rural county, which will complement his colleagues on the bench with their own deep roots in other urban and suburban regions of the state," Holcomb said at his Statehouse announcement.
He selected Goff over the two other finalists for the vacancy chosen by Indiana's Judicial Nominating Commission: Boone Superior Court Judge Matthew Kincaid and Clark Circuit Court Judge Vicki Carmichael. Twenty people had applied for the vacancy.
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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.