NYC victim's mom: EMTs were 'inhuman' not to help
National News
Two emergency medical technicians accused of refusing to help a dying pregnant woman are "inhuman," her mother said Tuesday as a lawyer for the EMTs argued his clients are being vilified in a rush to judgment.
Cynthia Rennix, the mother of 25-year-old Eutisha Revee Rennix, told The Associated Press that the EMTs shouldn't have taken the jobs if they weren't willing to get involved.
"These are people who are supposed to take a minute to be concerned," she said.
But lawyer Douglas Rosenthal said the facts will show that Jason Green and Melissa Jackson acted "appropriately" at the Au Bon Pain outlet in Brooklyn on Dec. 9.
The two were at the eatery when Eutisha Rennix, an employee, collapsed. Witnesses have said the EMTs told workers to call 911, then left when they were asked to help the 25-year-old woman.
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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.