Obama's nominees for federal court vacancies
National News
A look at President Barack Obama's nominees to fill federal court vacancies:
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NOMINEES CONFIRMED
_ Sonia Sotomayor, Supreme Court, nominated June 1, confirmed Aug. 6.
_ Gerard Lynch, 2nd Circuit, nominated April 2, confirmed Sept. 17.
_ Jeffrey L. Viken, district judge-South Dakota, nominated June 25, confirmed Sept. 29.
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APPEALS COURT NOMINEES AWAITING CONFIRMATION
_ Joseph A. Greenaway, 3rd Circuit, nominated June 19.
_ Thomas I. Vanaskie, 3rd Circuit, nominated Aug. 6.
_ Andre M. Davis, 4th Circuit, nominated April 2.
_ Barbara Milano Keenan, 4th Circuit, nominated Sept. 14.
_ Jane Branstetter Stranch, 6th Circuit, nominated Aug. 6.
_ David F. Hamilton, 7th Circuit, nominated March 17.
_ Beverly Baldwin Martin, 11th Circuit, nominated June 19.
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DISTRICT COURT NOMINEES AWAITING CONFIRMATION
_ Irene Cornelia Berger, district judge-West Virginia, nominated July 8.
_ Louis Butler Jr., district judge-Wisconsin, nominated Sept. 30.
_ Edward Milton Chen, district judge-California, nominated Aug. 6.
_ Charlene Edwards Honeywell, district judge-Florida, nominated June 25.
_ Dolly M. Gee, district judge-California, nominated Aug. 6.
_ Abdul K. Kallon, district judge-Alabama, nominated July 31.
_ Roberto A. Lange, district judge-South Dakota, nominated July 8.
_ Jacqueline H. Nguyen, district judge-California, nominated July 31.
_ Richard Seeborg, district judge-California, nominated Aug. 6.
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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.