Tunisian court releases prominent radio director from prison

Legal Events

Tunisia’s most popular private radio station said an appeal court has allowed its director to be released on bail from prison, after more than three months of detention.

Mosaique FM announced Wednesday that its director, Noureddine Boutar, was freed after the appeal court ordered a bail of one million dinars (about $323,500) and a travel ban. The reasons behind the decision have not been made public.

Boutar was arrested in February on suspicion of money laundering and illicit enrichment, according to his lawyers who said the accusations were unfounded.

One of his lawyers, Ayoub Ghedamsi, said he was imprisoned because he was critical of the government.

The move comes amid a wave of arrests of opponents of the Tunisian president, Kais Saied. Rights groups have denounced a growing crackdown on dissent in the north African nation.

Last week, a Tunisian appeals court sentenced a journalist to five years in prison for revealing details of a counterterrorism operation and refusing to reveal his sources, according to his lawyer, prompting outcry from media rights advocates.

It was believed to be the worst sentence against a journalist in Tunisia since the 2011 Arab Spring revolution pushed out a long-serving autocrat and ushered in a new democratic system with more media freedom.

About 20 prominent opposition figures, including journalists, political party leaders, lawyers and female activist activist Chaima Issa are currently detained on a variety of charges.

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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.

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