Ken Paxton will not testify at his impeachment trial, attorney says
National News
Embattled Texas Attorney General Ken Paxton will not testify in his upcoming impeachment trial that could result in the Republican being permanently removed from office, according to his defense team.
In a lengthy statement released Monday night, Paxton’s lead attorney against criticized the proceedings that led to the GOP-controlled Texas House impeaching the state’s top law enforcement in May.
The trial in the Texas Senate is scheduled to begin Sept. 5. “They had the opportunity to have Attorney General Paxton testify during their sham investigation but refused to do so,” attorney Tony Buzbee said in a statement. “We will not bow to their evil, illegal, and unprecedented weaponization of state power in the Senate chamber.”
A spokesman for the House managers leading the impeachment did not immediately return a message seeking comment Tuesday.
Paxton, a Republican, is temporarily suspended from office pending the outcome of his trial on 20 articles of impeachment that include charges of bribery and abuse of office. Separately, he is under FBI investigation over accusations that he used his power to help a donor. That donor was indicted in a federal court in Austin last month on charges of making false statements to banks.
Paxton is also still awaiting trial on felony securities fraud charges from 2015. He has pleaded not guilty and has never been given a deposition in the case’s eight-year history, according to impeachment managers.
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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.