Court ponders mass murderer Breivik's prison conditions
National News
An appeals court in Norway is considering whether the prison conditions under which mass murderer Anders Behring Breivik is being held amount to a violation of his human rights.
The six-day trial ended Wednesday in a makeshift courtroom inside Skien prison in southern Norway where Breivik, 37, is serving a 21-year sentence for killing 77 people in a 2011 bomb-and-shooting rampage.
Breivik's lawyer, Oystein Storrvik, spent most of the last day seeking to show that restrictions on his client's visitors and the strict control over Breivik's mail and phone calls have led to a lack of human interaction and privacy, which amounts to a violation of his rights.
The case is "really about a person that is sitting very, very alone in a small prison within a prison" since 2012, explained Storrvik.
He dismissed the benefits of the weekly visits by a state-appointed prison confidante for Breivik, saying "it's a paid job."
Addressing the court last week, Breivik said his solitary confinement had deeply damaged him and made him even more radical in his neo-Nazi beliefs.
The Norwegian state rejected the criticism and said efforts to find a prison confidante show the authorities have "gone out of their way" to remedy the situation.
In a surprise verdict last year, the Oslo District Court sided with Breivik, finding that his isolation was "inhuman (and) degrading" and breached the European Convention on Human Rights. It ordered the government to pay his legal costs.
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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.