Appeals court delay requested in ex-Virginia governor's case
Legal Exams
Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.
The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.
McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.
The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.
Related listings
-
Family files lawsuit against hospital and city in death
Legal Exams 07/24/2016An attorney for a Florida man charged with fatally shooting a patient and employee at a hospital in an apparent random attack says his client is severely mentally ill. Harley Gutin is an attorney for 29-year-old David Owens. He said Monday that his c...
-
Candidate filing begins Monday for appeals court seat
Legal Exams 07/11/2016Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice. The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins...
-
Obama rebukes Poland over paralysis of constitutional court
Legal Exams 07/07/2016U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media. Obama said he shared his wo...
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.