Lake loses suit over her defeat in Arizona governor’s race
National News
A judge has thrown out Republican Kari Lake’s challenge of her defeat in the Arizona governor’s race to Democrat Katie Hobbs, rejecting her claim that problems with ballot printers at some polling places on Election Day were the result of intentional misconduct.
In a decision Saturday, Maricopa County Superior Court Judge Peter Thompson, who was appointed by former Republican Gov. Jan Brewer, found that the court did not find clear and convincing evidence of the widespread misconduct that Lake had alleged had affected the result of the 2022 general election. Lake will appeal the ruling, she said in a statement.
The judge said Lake’s witnesses didn’t have any personal knowledge of intentional misconduct.
“The Court cannot accept speculation or conjecture in place of clear and convincing evidence,” Thompson said.
Lake, who lost to Hobbs by just over 17,000 votes, was among the most vocal 2022 Republicans promoting former President Donald Trump’s election lies, which she made the centerpiece of her campaign. While most of the other election deniers around the country conceded after losing their races in November, Lake has not. Instead, she asked the judge to either declare her the winner or order a revote in Maricopa County, home to more than 60% of Arizona’s voters.
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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.