Peru court orders imprisoned ex-President Fujimori's 'immediate' release
National News
Peru’s constitutional court ordered an immediate humanitarian release Tuesday for imprisoned former President Alberto Fujimori, 85, who was serving a 25-year sentence in connection with the death squad slayings of 25 Peruvians in the 1990s.
The court ruled in favor of a 2017 pardon that had granted the former leader a release on humanitarian grounds but that later was annulled.
In a resolution seen by The Associated Press, the court told the state prisons agency to immediately release Fujimori “on the same day.”
Fujimori was sentenced in 2009 to 25 years in prison on charges of human rights abuses. He had been accused of being the mastermind behind the slayings of 25 Peruvians by a military death squad during his administration from 1990 to 2000, while the government fought the Shining Path communist rebels.
Fujimori’s 2017 pardon granted by then-President Pablo Kuczynski was annulled under pressure from the Inter-American Court of Human Rights, and its status was the subject of legal wrangling since then.
The constitutional court previously had ordered a lower court in the southern city of Ica to release Fujimori, but that court declined to do so, arguing in ruling last Friday that it lacked the authority. It returned the matter instead to the constitutional court.
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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.