Obama legal team meets with anti-torture generals

National News

A dozen retired generals met with President-elect Barack Obama's top legal advisers Wednesday, pressing their case to overturn seven years of Bush administration policies on detention, interrogation and rendition in the war on terror.

"President-elect Obama has said that Americans do not engage in torture, that we must send a message to the world that America is a nation of laws, and that we as a nation should stand against torture. He believes that banning torture will actually save American lives and help restore America's moral stature in the world," said an official close to the transition who asked not to be named to discuss internal matters. "This meeting is timely and very helpful to advancing this work."

Among those who met with Eric Holder, Obama's pick to be attorney general, and Greg Craig, tapped to be White House counsel, were Gen. Charles Krulak, a former Marine Corps commandant, and retired Marine Gen. Joseph Hoar, former chief of the Central Command.

Hoar called the meeting "productive."

"It's important that the dialogue is going," Hoar said. "Part of the challenge here is big and philosophical. Part is nuts and bolts. How do you translate the rhetoric of the campaign and the transition period into action?"

The generals would like to see authority rescinded for the CIA to use harsh interrogation methods that go beyond those approved for use by the military, an end to the secret transfer of prisoners to other governments that have a history of torture, and the closing of the U.S. jail at Guantanamo Bay Naval Base.

President George W. Bush vetoed legislation championed by the retired officers that would have held the CIA to the military's interrogation methods in March.

Obama has criticized the use of torture in interrogating detainees and promised to close Guantanamo Bay's military prison. The transition team official said no decisions about the detainee policies will be made until after the inauguration and Obama's full national security and legal teams are in place.

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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.

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