Lawsuit says California mortgage money mishandled
National News
Three community assistance organizations sued Gov. Jerry Brown and other state officials on Friday, alleging the state improperly diverted nearly $370 million that was intended to help homeowners struggling with foreclosures.
The lawsuit filed in Sacramento County Superior Court says the money was siphoned off to the state's general fund as California wrestled with a massive budget deficit and has never been repaid. The money was part of the $25 billion settlement between major banks and nearly every state in 2012, with California receiving the largest share.
H.D. Palmer, a spokesman for the Department of Finance, said in a statement that the administration is confident that its budget actions are legally sound.
The suit was filed by attorney Neil Barofsky, who previously was inspector general for the federal bank bailout. The suit alleges the money is needed to help affected homeowners "weather the economic storm that continues to sweep so many families out of their homes."
"As a result of these diversions, large numbers of homeowners who are eligible for loan modifications or other relief have been left stranded, and countless fiscally imperiled California homeowners remain unaware of the full scope of their rights," the lawsuit states.
Barofsky filed the suit on behalf of three California-based community organizations that the suit says have helped thousands of homeowners: National Asian American Coalition, COR Community Development Corporation and National Hispanic Christian Leadership Conference.
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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.