Supreme Court overrules Bush, OKs Texas execution
National News
WASHINGTON-- The Supreme Court ruled Tuesday thatTexas can execute a Mexican murderer being held on its death row. Thecase pitted President Bush against his home state in a dispute overfederal authority, local sovereignty and foreign treaties.
The case decided by the Supreme Court on Tuesday pitted President Bush against his home state, Texas.
The man at the center of the case, Jose Ernesto Medellin, faces execution for two slayings.
At issue was whether the state must give in to demands by the presidentto allow the prisoner new court hearings and sentencing.
Bushmade that demand reluctantly, after an international court concludedMedellin was improperly denied access to his consulate before hisoriginal prosecution -- a violation of a treaty signed by the UnitedStates decades ago.
The Supreme Court justices voted 6 to 3 in favor of the state's position.
Chief Justice John Roberts wrote for the majority that theinternational court's ruling "is not domestic law," so Bush's authorityto demand a new hearing for Medellin is limited.
Medellin was 18 when he participated in the June 1993 gang rape andmurder of two Harris County, Texas, girls -- 14-year-old JenniferErtman and 16-year-old Elizabeth Pena. He was later convicted of thecrimes and sentenced to death.
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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.