California Court Closures Set, Despite Grumbling
National News
According to The Recorder, the Judicial Council on Wednesday ordered all California courthouses closed once a month starting Sept. 16, despite ongoing complaints from labor groups, sheriffs and some judges that the closures are unnecessary and potentially dangerous.
"I hate it," said council member Richard Huffman, a justice on the 4th District Court of Appeal. But, he added, "We believe it is the only rational mechanism available to us to minimize the impact to the public."
The third-Wednesday-each-month closures will save an estimated $85.3 million and are a key part of the judicial branch's overall plan to cut spending, raise fees and siphon savings to close a $393 million deficit. The Legislature authorized the closures as part of the $26 billion budget revision signed by Gov. Arnold Schwarzenegger on Tuesday.
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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.