CA Councilman Arrested On Suspicion Of Drunken Driving
National News
The Los Angeles Times reports that a Westminster, California city councilman was arrested on suspicion of drunk driving early Sunday after he crashed into a utility pole, cutting off electricity to about 300 homes, police said.
Andy Tuan Ngoc Quach was driving alone in his black Mercedes Benz S550 just after midnight when the accident occurred in the 8800 block of McFadden Ave.
Quach declined to take a breathalyzer test, opting instead to give a blood sample after he was brought to the police station. Police are waiting for the test results.
For those in the LA-area in need of a DUI defense lawyer, look no further than California DUI defense attorney Michael Bialys and his law firm. His staff has experience and can explain to you DUI law and why you should hire a DUI defense attorney. Contact them today.
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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.