Court: Slipknot bassist's child born after he died can sue

National News

Idaho's state Supreme Court candidates went after each other's political independence Friday evening during their only scheduled major debate.

"When you stand on the courthouse steps with the Legislature, I'm not sure if you're sending the right messages to the people of Idaho that there's a clear division of judiciary and legislative branch," said candidate Robyn Brody, an attorney from Rupert.

Brody was calling out fellow candidates Clive Strong, a longtime deputy attorney general, and Curt McKenzie, a seven-term Republican state senator — who have both held press conferences at courthouses announcing endorsements from partisan lawmakers.

Idaho Court of Appeals Judge Sergio Gutierrez also echoed Brody's concerns of seeking high-profile endorsements, adding that he's not running to be a politician but a justice.

However, Strong countered that his 33-year career inside the attorney general's office has often required him to stand up to the Idaho Legislature and McKenzie argued that he strayed from his fellow GOP members during the Legislature by voting no on the so-called ag-gag bill, which was later ruled illegal in federal court.

The first round of campaign contribution reports aren't due until May 10, making endorsements that much more open to scrutiny for signs of possible bias.

Furthermore, Supreme Court candidates are banned from talking about their past of current political party affiliations — even though political party registrations are public records — as well as giving their opinions on how they would vote on previous or pending state supreme court decisions.

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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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