Court considers if executioners can be named
National News
A Tennessee appeals court is considering whether 10 death row inmates have the right to know about the drugs that will be used in their executions and whether their lawyers can get the names of the people who will kill them.
The Tennessean reports that the state Court of Appeals heard oral arguments Monday in the lawsuit brought by the inmates. They sued after the legislature passed a law that keeps details about lethal injection secret.
Lawyers for the state argued that a Nashville judge overstepped her authority when she ordered officials to turn over the names of the execution team to the attorneys for the condemned prisoners. The lower court ruled the names must be released but said neither the public nor the inmates could have them.
"We are here today because for the first time in the history of lethal injection in the state of Tennessee a court has ordered the state to disclose the identities of those people who are involved in the lethal injection process," said Special Assistant Attorney General Kyle Hixson said. "This is an abuse of discretion."
Assistant federal public defender Stephen Kissinger, who represents some of the inmates, argued that there's no "executioner's privilege" that would stop the state from releasing the identities of the execution team in a court case because they would be sealed.
He said a ruling that would allow the state to keep such information secret would have far-reaching implications.
Related listings
-
Court: Caregivers can't sue Alzheimer's patients
National News 08/06/2014People with Alzheimer's disease are not liable for injuries they may cause their paid in-home caregivers, California's highest court ruled Monday in a case involving a home health aide who was hurt while trying to restrain a client. The California Su...
-
Court hearing gay marriage arguments from 4 states
National News 08/06/2014A federal appeals court was set to hear arguments Wednesday in six gay marriage fights from four states — Kentucky, Michigan, Ohio and Tennessee - in the biggest such session on the issue so far. Three judges of the 6th U.S. Circuit Court of Appeals ...
-
German court receives suit against EU bank union
National News 07/29/2014A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient. The Federa...
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.