Court won't hear appeal from NY couple
National News
The Supreme Court won't overturn the convictions of a suburban New York City couple convicted of enslaving two Indonesian housekeepers.
The high court on Tuesday refused to hear appeals from Mahender and Varsha Sabhnani that sought to overturn their forced-labor convictions.
The couple was convicted of enslaving two domestic servants the couple brought from Indonesia by keeping their travel documents and having them perform forced labor on their behalf.
Prosecutors said Varsha Sabhnani was primarily responsible for inflicting years of abuse on the poorly educated servants. They said her husband let the abuse take place and benefited from the work the women performed in their $2 million Long Island home.
Varsha Sabhnani says pre-trial publicity prevented her from getting a fair trial, while her husband argues that he shouldn't have been convicted for aiding and abetting because he didn't stop his wife.
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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.