Nevada Supreme Court hosting Law Day Live program
Legal Events
The Nevada Supreme Court is hosting an interactive Law Day Live forum linking courtrooms in Las Vegas, Carson City, and Winnemucca around an American Bar Association theme honoring the legacy of the nation's second president, John Adams.
Court spokesman Bill Gang said a Thursday videoconference hook-up will be streamed live as an educational tool for middle and high school students across the state.
Panels at each location will include judges, prosecutors, defense attorneys and law enforcers — moderated by Supreme Court Justice Nancy Saitta.
Adams was the first U.S. lawyer-president, and was a staunch advocate of the rule of law — including the principle that accused persons are entitled to a legal defense.
Adams defended British soldiers in court on charges after the Boston Massacre of 1770.
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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.