FTC Shuts Down Pretexters
National News
The Federal Trade Commission has obtained court orders shutting down a ring that used "pretexting" to get people's confidential telephone records and sell them to third parties. The FTC also fined the defendants $600,000, their profits from the operation that got the information on false pretenses.
Pretexting made national news when Hewlett-Packard Chairwoman Patricia Dunn allegedly used it against reporters and her own board members to track down the source of leaks from board meetings.
A bill in the California Legislature to make the practice illegal under state law was heading for passage in 2006 when the Motion Picture Association of America killed it, telling lawmakers its investigators needed to pose as someone other than who they are to bust up illegal downloading rings. The MPAA got the bill killed just days before Hewlett-Packard's use of pretexting made headlines.
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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.