Police investigate threats to Indiana Supreme Court

National News

Capitol Police in Indianapolis are investigating harassing phone calls and email messages to the Indiana Supreme Court following a recent contentious ruling.

Police won't say how many calls and messages have been received or whether they're addressed to a specific justice. Court spokeswoman Kathryn Dolan tells The Times of Munster the threats are mostly directed at police officers.

The state's highest court ruled Thursday that Indiana residents have no right to resist police making an unlawful police entry into their homes. In a 3-2 decision written by Justice Steven David, the court ruled that people person confronted with an illegal police entry into their homes should allow entry and sue later for damages. It said resisting entry increases the risk of escalating violence.

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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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