Man kills his lawyer, judge, co-defendant in Milan court
National News
A real estate developer on trial for fraudulent bankruptcy fired 13 shots inside the Milan Tribunal on Thursday, killing his lawyer, a co-defendant and a judge, eluding court security before being captured 25 kilometers away.
The shooting raised concerns about security at Italy's courthouses, where much of the surveillance has been outsourced to private contractors, and about Italy's ability to protect visitors during the Milan Expo 2015 world's fair, which opens May 1 and is expected to attract 20 million visitors over six months.
Premier Matteo Renzi pledged a robust investigation into how the gunman, identified as Claudio Giardiello, managed to bring a pistol into the monumental Fascist-era tribunal, where defendants and other visitors are required to pass through metal detectors, but accredited court officials, including lawyers, are not.
"Our commitment is that this never happens again, and that those responsible pay," Renzi said.
The chief federal prosecutor in Milan, Edmondo Bruti Liberati, told reporters it appeared Giardiello may have used a fake document to enter through the only pedestrian entrance not equipped with a metal detector and intended only for use by accredited court officials. He said the metal detectors at the other entrances were in good working order.
Bruti Liberati praised law enforcement, who apprehended Giardiello at a shopping center more than an hour after the shooting. They had identified the license plate on his motor bike with video surveillance cameras and tracked his arrival in Vimercate, some 25 kilometers (15 miles) from the scene in the heart of Milan.
Prosecutors said Giardiello, 57, was still armed with a loaded pistol and intended to kill another business partner whom he blamed for a failed real estate venture.
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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.