Some Michigan counties pause jury trials amid COVID surge
National News
Jury trials have been paused in some western Michigan counties due to a surge in coronavirus cases, court officials said Monday.
Chief Judge Mark Trusock said all jury trials in Kent County 17th Circuit Court, based in Grand Rapids, were on hold until March 7. Ottawa County Probate Court and the 20th Judicial Circuit Court, based in Grand Haven, will not summon the public to courthouses to serve as jurors until at least Feb. 1, according to a statement released by the court.
Michigan health officials said last week that the state’s record-high COVID-19 cases and hospitalizations could peak in late January or early February, and they urged the public to take steps to help control the spread.
Ottawa County court officials said their decision was made in consultation with the Ottawa County Department of Public Health. Circuit Court Administrator Susan Franklin said judges don’t want to bring large numbers of people into the courthouses given the current rates of COVID transmission.
Courts across the U.S. have paused jury trials at various points during the pandemic. The highly contagious omicron variant has prompted additional pauses in recent days, including in Indiana’s largest county and in the state’s second most-populous county.
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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.