Candidate filing begins Monday for appeals court seat
Legal Exams
Another 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 at noon Monday at the State Board of Elections and continues until midday Friday.
Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.
The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.
Related listings
-
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...
-
Missouri Appeals Court to decide fight over frozen embryos
Legal Exams 06/03/2016The Missouri Court of Appeals is being asked to decide whether a divorced St. Louis County couple's two frozen embryos are property or human beings with constitutional rights. Jalesia McQueen, 44, is suing to be able to use the embryos, which have be...
-
Hulk Hogan, Gawker back in court in Florida
Legal Exams 05/25/2016A court hearing involving the Hulk Hogan sex tape case is underway in Florida, with Gawker Media asking for a new trial. Gawker and Hogan faced off Wednesday morning in a St. Petersburg courtroom. It's the latest chapter in a years-long legal ...
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.