California High Court Allows Gov. Jerry Brown's Prison Initiative
National News
California's Supreme Court is allowing Gov. Jerry Brown's bid to put his plan to reduce the state's prison population before voters in November.
The high court acted Friday after Brown warned that further delay could push voters' consideration to 2018.
The justices put on hold a lower court ruling that barred the state attorney general from issuing the documents that would let Brown's supporters gather the signatures needed to put his initiative on this year's ballot.
The Sacramento-based judge ruled that Brown improperly amended a juvenile justice initiative. The Democratic governor added his proposal to increase sentencing credits for adult inmates and allow earlier parole for non-violent felons.
Brown says it is too late to start over and still collect the nearly 586,000 signatures needed for a ballot measure this year.
Related listings
-
Court records: Apple's help sought in another iPhone case
National News 02/25/2016A federal magistrate in Chicago last November ordered Apple to help federal prosecutors access data on an iPhone in a personal bankruptcy and passport fraud case, one of more than a dozen cases around the country similar to the legal battle over the ...
-
Chief justice remembers Scalia's 'irrepressible spirit'
National News 02/20/2016Chief Justice John Roberts on Monday remembered the late Justice Antonin Scalia as a friend and colleague of "irrepressible spirit" as the Supreme Court resumed work for the first time since Scalia's death. "He was our man for all seasons and we will...
-
Rome court acquits ex-Vatican accountant of corruption
National News 01/17/2016A lawyer for an Italian monsignor who was fired from his Vatican accountant's job says a Rome court has acquitted his client of corruption. Prosecutors alleged Monsignor Nunzio Scarano was involved in a purported plot to use a private plane to try to...
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.