Court halts another Texas execution over disability claims
National News
A Texas appeals court has delayed a second execution this year to review claims that an inmate is intellectually disabled and thus ineligible for the death penalty.
The Texas Court of Criminal Appeals on Wednesday granted a request by attorneys for Edward Lee Busby to stay his execution, which had been scheduled for Feb. 10.
Busby’s attorneys have argued he has shown “significant limitations in intellectual functioning.”
The U.S, Supreme Court in 2002 barred the execution of intellectually disabled people, but it has given states some discretion to decide how to determine such disabilities.
Busby’s execution would have been the first in the state this year after the appeals court last month delayed the Jan. 21 lethal injection of Blaine Milam to review his intellectual disability claims.
Busby, 48, was condemned for the 2004 suffocation of a retired 77-year-old college professor abducted in Fort Worth and whose body was later recovered in Oklahoma.
Texas’ first execution of 2021 is now set for March 4, with Ramiro Ibarra set to receive a lethal injection for the 1987 sexual assault and strangulation of a 16-year-old girl in Waco.
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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.