State's high court won't reconsider baby death case appeal
National News
Ohio's Supreme Court has declined to reconsider an appeal by a former high school cheerleader charged with killing and burying her newborn baby.
The court declined in February to hear Brooke Skylar Richardson's appeal after a lower court ruled doctors can testify in the Warren County case. The state Supreme Court declined Wednesday to reconsider the appeal.
Richardson's attorneys wanted prosecutors barred from presenting testimony from an obstetrics-gynecology practice's staff, citing physician-patient privilege.
A lower court ruled public interest in detecting crimes to protect society outweighed doctor-patient privilege in the case.
Prosecutors say the now 19-year-old buried the full-term baby shortly after giving birth in 2017.
She has pleaded not guilty to charges including aggravated murder.
Richardson's attorney, Charles H. Rittgers, says the defense is prepared to go to trial.
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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.