MacDonald goes to court in 'Fatal Vision' case
Legal Events
Jeffrey MacDonald, a clean-cut Green Beret and doctor convicted of killing of his pregnant wife and their two daughters, is getting another chance to try proving his innocence — more than four decades after the nation was gripped by his tales of Charles Manson-like hippies doped up on acid slaughtering his family.
The case now hinges on something that wasn't available when he was first put on trial: DNA evidence. A federal judge planned to hold a hearing Monday to consider new DNA evidence and witness testimony that MacDonald and his supporters say will finally clear him of a crime that became the basis of Joe McGinniss' best-selling book "Fatal Vision" and a made-for-TV drama.
It's the latest twist in a case that has been the subject of military and civilian courts, intense legal wrangling and shifting alliances.
Related listings
-
W.Va. court hears 'rescue' funding arguments
Legal Events 09/05/2012Whether West Virginia Supreme Court candidate Allen Loughry receives additional public funds for his campaign hinges on whether the U.S. Supreme Court sees a difference between elections for the judiciary and races for other political posts, the stat...
-
Ohio man pleads not guilty to Pitt threat charges
Legal Events 08/29/2012An Ohio man charged with conspiracy for allegedly claiming to be part of the computer hacking group "Anonymous" and posting a YouTube threat to release confidential computer information belonging to the University of Pittsburgh pleaded not guilty on ...
-
Appeals court affirms oil company polar bear rules
Legal Events 08/22/2012Oil companies operating in the Chukchi Sea off Alaska's northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the...
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.