Philippine court enters not guilty plea for US Marine
National News
A Philippine court entered a not guilty plea Monday for a U.S. Marine charged with murdering a transgender Filipino, allegedly after he discovered her gender when they checked into a hotel.
Marine Pfc. Joseph Scott Pemberton refused to enter a plea in the brief proceeding in a court in Olongapo city northwest of Manila, according to Justice Secretary Leila de Lima. Journalists were barred from the courtroom.
Dozens of left-wing protesters waved red flags outside the courthouse, demanding justice and an end to the U.S. military presence in the former American colony. Gay and lesbian groups have also staged protests denouncing the killing of Jennifer Laude, whose former name was Jeffrey, as a hate crime.
Monday's arraignment paves the way for Pemberton's trial, which lawyers of the victim's family said is scheduled to start next month.
"Finally justice can be attained for our sibling," Marilou Laude, the victim's sister, told reporters. She said she was shaking in anger when she saw the handcuffed suspect, who was guarded by several security escorts in the courtroom.
Pemberton has been charged by prosecutors in the Oct. 11 killing. They say the U.S. Marine strangled her and then drowned her in a hotel toilet after discovering she was a transgender woman. They had checked into the hotel after meeting in a bar.
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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.