Justice Thomas: Honor Scalia by reining in government
Legal Events
Supreme Court Justice Clarence Thomas is calling fellow conservatives to continue the work of the late Justice Antonin Scalia to keep the power of the courts and other branches of government in check.
Thomas tells 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution. He cited the decision in 2015 that made same-sex marriage legal across the country.
Thomas said he and his longtime friend and colleague formed an "odd couple" of a white New Yorker and a black man from Georgia.
He paraphrased Lincoln's Gettysburg address to exhort the audience to "be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion."
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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.