Battle Lines Set, Senate Debates Sotomayor
National News
The Associated Press is reporting that the Senate held a history-making debate Tuesday on confirming Supreme Court nominee Sonia Sotomayor as the first Hispanic justice, with Republican opponents asserting she would bring bias to the bench and Democratic supporters saying she was a mainstream moderate.
There was little doubt that President Barack Obama's first high court nominee would be confirmed with bipartisan support as early as Thursday, but senators lined up to weigh in on her fitness for the bench anyway, with an eye toward the history books, the nation's burgeoning Hispanic electorate and perhaps the next Supreme Court battle.
"Judge Sotomayor's journey to this nomination is truly an American story ... (and) a reminder to all of the continuing vitality of the American dream," said Sen. Patrick Leahy, D-Vt., the Judiciary Committee chairman. His opening remarks framed Sotomayor's confirmation as a step on the nation's still-evolving "path of inclusion."
"She's a restrained, experienced and thoughtful judge who has shown no bias in her rulings," Leahy said.
Sotomayor, 55, is the daughter of Puerto Rican parents who was raised in a South Bronx housing project and educated in the Ivy League before going on to success in the legal profession and then the federal bench.
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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.