Supreme Court weighs whales vs war preparation
National News
The Supreme Court will have the final say on whether war preparation trumps whale protection.
Acting at the Bush administration's urging, the court agreed Monday to review a federal appeals court ruling that limited the use of sonar in naval training exercises off Southern California's coast because of its potential to harm marine mammals.
Sonar, which the Navy relies on to locate enemy submarines, can interfere with whales' ability to navigate and communicate. There is also evidence that the technology has caused whales to strand themselves on shore.
The Navy argues that the decision by the 9th U.S. Circuit Court of Appeals in San Francisco jeopardizes its ability to train sailors and Marines for service in wartime in exchange for a limited environmental benefit. The Navy says it has already taken steps to protect beaked whales, dolphins and other creatures in balancing war training and environmental protections, officials said.
Related listings
-
Fight over White House subpoenas heads to court
National News 06/23/2008Congress issued its demands. The White House refused. Now it's up to a federal judge to settle a dispute over documents and testimony regarding fired federal prosecutors.Lawyers for the White House and Congress were headed to court Monday to argue th...
-
Federal court issues stay in SC execution
National News 06/20/2008A man scheduled to be executed on Friday was issued a stay just minutes before he was to be electrocuted, triggering a flurry of legal moves as the state sought to carry out the sentence before a midnight deadline.James Earl Reed had been scheduled t...
-
Supreme court puts limits on mentally ill defendants
National News 06/19/2008The Supreme Court ruled Thursday that criminal defendants with a history of mental illness do not always have the right to represent themselves, even if they have been judged competent to stand trial.The justices, by a 7-2 vote, said states can give ...
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.