Bench trial for a man accused of killing 2 women in Phoenix
National News
A bench trial is scheduled to begin Monday for a man accused of sexually attacking and fatally stabbing two young women in separate killings nearly 30 years ago near a metro Phoenix canal system.
Bryan Patrick Miller, 49, is charged with two counts each of first-degree murder, kidnapping and attempted sexual assault. Prosecutors said the state is seeking the death penalty if Miller is convicted.
He waived his right to a jury trial so a Maricopa County Superior Court judge will decide Miller’s fate. Miller is accused of killing 22-year-old Angela Brosso in November 1992 and 17-year-old Melanie Bernas in September 1993.
Brosso and Bernas both disappeared while riding their bicycles along the Arizona Canal in north Phoenix. Authorities said Brosso’s body was found nude and decapitated in a field near a bike path that’s adjacent to the canal.
Ten months later, Bernas’ body was discovered floating in the canal. Authorities said DNA evidence collected in the aftermath of both crimes showed the attacks were linked to the same suspect.
Miller was arrested for the murders in 2015, but denied any involvement although he acknowledged living in the vicinity of the killings at the time and said he rode his bike on paths in the area, according to Phoenix police.
It wasn’t until nine months ago that Miller wasn’t found mentally competent to stand trial.
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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.