Court rejects early appeal of surveillance ruling
National News
The Supreme Court has declined an early look at a constitutional challenge to the National Security Agency's bulk collection of millions of Americans' telephone records.
Conservative lawyer Larry Klayman persuaded a federal judge in December to rule that the agency's activities likely violate the Constitution's ban on unreasonable searches. The justices on Monday rejected Klayman's unusual request to bypass the traditional appeals process and hear the case immediately.
Klayman says the case is too important to wait for the U.S. Court of Appeals for the D.C. Circuit to reach a decision. The district court judge granted an injunction against the NSA, but put it on hold pending a government appeal.
The Obama administration has defended the NSA program as a crucial tool against terrorism.
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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.