Court weighs practice of Christian prayers at meetings
Legal Exams
A federal appeals court is grappling with the constitutionality of prayers at local council meetings for the first time since the U.S. Supreme Court upheld a similar case in 2014.
Oral arguments were held Wednesday before a three-judge panel of the 4th Circuit Court of Appeals in the challenge of a North Carolina county commission's practice of starting meetings with prayers that almost always referred to Christianity.
The American Civil Liberties Union sued the Rowan County Commission in 2013 on behalf of people who said the prayers were coercive and discriminatory.
The Supreme Court recently upheld Christian prayers at local town council meetings in New York, but the ACLU says the latest case is different.
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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.