Actor's Pet Food Co. Sues over Contamination
National News
Actor and self-professed animal lover Dick Van Patten, owner of Nature Balance Pet Foods, joined the fray of litigants suing over the massive 2007 pet-food recalls spurred by tainted wheat gluten and rice protein from China.
Wilbur-Ellis Co. continued to process contaminated shipments, which Nature Balance unwittingly distributed, the pet-food company claims in Superior Court.
The lawsuit invokes the words of Sir Walter Scott: "Recollect that the Almighty, who gave the dog to be companion of our pleasures and our toils, hath invested him with a nature noble and incapable of deceit." In the next sentence, Nature Balance points out that Wilbur-Ellis "displayed just the opposite nature and as a result pets across the country died and were sickened."
Nature Balance demands actual and punitive damages for its economic losses and severe damage to its reputation.
Van Patten starred in "Spaceballs," "High Anxiety" and numerous television shows.
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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.