Chief justice remembers Scalia's 'irrepressible spirit'

National News

Chief 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 miss him beyond measure," Roberts said in brief remarks after the court's eight remaining justices took the bench.

Roberts recounted Scalia's humble roots in New Jersey, his graduation at the top of his class at Georgetown University and his stellar performance at Harvard Law School. As a top attorney at the Justice Department, Roberts said Scalia argued his first and only case before the Supreme Court in 1976.

"He prevailed, establishing a perfect record before the court," Roberts said to laughter.

Scalia became the 103rd justice confirmed to the high court in 1986, Roberts noted, and wrote 292 majority opinions for the court.

"He was also known on occasion to dissent," Roberts said to more laughter.

The high court is resuming work just two days after the justices and thousands of dignitaries, friends and family mourned his loss at a funeral Mass in Washington.

The void created by Scalia's death was visible on Monday. His chair, in its usual place to the right of Roberts, was draped in black wool crepe, which will remain until next month.

Only in late March do the justices plan to switch seats in line with their seniority on the court. Justice Anthony Kennedy is now the longest-serving member of the court, with 28 years of experience.

President Barack Obama has vowed to nominate a candidate to take Scalia's seat, but Senate Republicans, backed by their party's presidential contenders, have pledged to block anyone Obama puts forward. Republicans have said the choice should await the next president.

Scalia's sharp questioning of lawyers transformed arguments into lively sessions in which the justices sometimes seemed to be talking to each other, rather than to the lawyers arguing before them.

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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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