Michigan Supreme Court Justice Young announces retirement
National News
Michigan Supreme Court Justice Robert Young plans to retire and return to his former law firm.
A statement from the court says Young announced his plans Wednesday during a meeting with fellow Michigan Supreme Court justices. The 65-year-old says his retirement from the court is effective April 30 or earlier. He’s going back to the Dickinson Wright firm.
Young served three years on the Michigan Court of Appeals and 18 years on Michigan’s highest court, including six years as chief justice. Young says he’s proud of his accomplishments, including helping to reduce acrimony among the court.
He says in a statement “we proved that good people who may differ in their opinions can come together and accomplish important things for the people we serve — and we do it amicably.”
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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.