Prosecutors trying to get obese defendant to court

National News

Prosecutors are trying to decide how to jail and bring to court a nearly half-ton, bedridden woman accused of killing her 2-year-old nephew.

A grand jury on Thursday indicted Mayra Lizbeth Rosales, 27, on one count of first-degree murder and on one count of injury to a child in the death of Eliseo Gonzalez Jr. She previously had been charged with capital murder.

Rosales weighs nearly 1,000 pounds and cannot fit through a door to leave her home, leaving prosecutors wondering how to bring her to court. As of Thursday evening, she was not in custody.

Hidalgo County Sheriff Lupe Trevino said holding her at the county jail for her trial would be impossible because she needs extensive medical care.

"She would die," said Trevino in Thursday's online edition of The Monitor in McAllen.

The grand jury indicted Rosales after an autopsy confirmed investigators' suspicions that the child died March 18 because he had been struck. Investigators believe the toddler was struck at least twice, crushing his head.

Authorities recommended Rosales' bond be set at $150,000.

The boy's mother Jaime Rosales, was charged earlier with injury to a child because she allegedly left her son alone with his aunt. Her bond has been set at $100.000.

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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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