Bill would give undocumented legal status

National News

Hispanic, black, Asian and other House lawmakers backing immigration overhaul called Tuesday for legalizing illegal immigrants in the U.S., despite a weakened economy and joblessness.

The coalition of lawmakers said Tuesday immigration reform can protect American workers as well as bring into the mainstream economy productive immigrant workers who have lived in the shadows because of their illegal status.

"For those who say that given the state of our economy, given the unemployment rate, this is not the time, I would say to you there is no wrong or right time. There is a moral obligation," said Rep. Nydia Velazquez, D-N.Y., chairwoman of the Congressional Hispanic Caucus.

Rep. Luis Gutierrez, D-Ill., who has become a leader of a multiethnic coalition of immigration reform backers, said immigration reform opponents "will use it as a wedge issue and will blame everything from unemployment to rising health care costs on immigrants."

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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.

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