3 men guilty on all counts in teens' slaying
National News
Three gang members have been found guilty of killing two Southern California teens and injuring two others during a 2011 shooting near an apartment complex playground.
The San Bernardino County district attorney's office says a jury convicted the men of two counts each of murder and three each of attempted murder. The verdict was read Tuesday.
The defendants were accused of killing 18-year-old Andrew Jackson and 17-year-old Quinn McCaleb as they walked with a group of teenagers in Redlands. Two other teens were shot but survived their injuries.
Authorities say one of the gunmen was seeking revenge after he was jumped by several men, and attacked the victims in a case of mistaken identity. The victims had no gang ties or prior contact with the defendants' gang.
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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.