Moats named to temporary seat on West Virginia Supreme Court
National News
A circuit judge has been appointed to a temporary seat on the West Virginia Supreme Court after the resignation of Justice Evan Jenkins.
Chief Justice John Hutchison on Monday appointed Alan D. Moats to the high court. Moats has served in the judicial circuit covering Barbour and Taylor counties since 1997.
Moats will serve on the Supreme Court until Gov. Jim Justice appoints someone to the seat. That person then would serve until a election can be held for the remainder of Jenkins’ term through 2024.
Jenkins announced Friday that he is resigning to return to private law practice.
Jenkins was appointed and then elected to the seat of retired Justice Robin Davis following the Supreme Court’s 2018 impeachment scandal.
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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.