‘The Mentalist’ star Simon Baker admits drinking and driving in Australia
National News
Australian actor and director Simon Baker, best known for his role as Patrick Jane in the CBS drama series “The Mentalist,” avoided a conviction Wednesday after pleading guilty to a charge of driving under the influence of alcohol near his rural home.
The 55-year-old appeared in the Mullumbimby Local Court in New South Wales state for sentencing after pleading guilty the week before to a charge of driving with a blood-alcohol concentration exceeding the legal limit of 0.05%.
Baker acted alongside Meryl Streep and Anne Hathaway in the Oscar-nominated 2006 film “The Devil Wears Prada” before starring as a former professional psychic who became a California Bureau of Investigation consultant in the hit series “The Mentalist” for eight seasons until 2015. He has worked on multiple shows and movies since, including a movie adaptation of Kazuo Ishiguro’s “ Klara and the Sun ” directed by Taika Waititi with an expected 2025 release.
Magistrate Kathy Crittenden accepted that Baker was remorseful and was unlikely to drive after drinking again. She released him on a nine-month good behavior bond with no conviction recorded. Australian judges have discretion to not record a conviction against first-time offenders under exceptional circumstances.
Police reported seeing Baker’s Tesla electric car driving erratically in the fashionable Byron Bay region where he lives at 2:11 a.m. July 20.
That was hours after a faulty software update issued by cybersecurity firm CrowdStrike created worldwide technological havoc, disrupting airlines, hospitals, government offices and financial systems. Crittenden said the outage knocked police systems offline and an electronic breath test could not be completed on Baker.
She said police resorted to an “old-fashioned sobriety test.”
Police reported Baker was unsteady on his feet and smelled of alcohol. He told police he had consumed four glasses of wine over dinner since 6 p.m., roughly eight hours prior. He was alone in the car.
Baker was “very polite and cooperative” and “extremely remorseful for his actions,” Crittenden said. Baker had since completed a traffic offenders’ rehabilitation program, the court was told.
Crittenden said four character references were tendered to the court about Baker’s community contributions, significant remorse and attesting to his conduct being out of character.
“The court has little difficulty in finding that Mr. Baker is remorseful for his offending and it is unlikely he will offend again,” she said.
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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.