UK top court rejects Assange bid to reopen case
National News
Britain's Supreme Court rejected WikiLeaks chief Julian Assange's bid to reopen his extradition case on Thursday, meaning the controversial anti-secrecy campaigner could be sent to Sweden by the end of the month.
Assange is wanted for questioning in Sweden after two women accused him of sexual misconduct during a visit to the country in mid-2010. The women's lawyer, Claes Borgstrom, told The Associated Press the ruling Thursday was "an obvious and expected decision that has been delayed for too long."
In a brief, five-point judgment, the court rejected arguments that Assange's legal team hadn't been given the chance to properly cross-examine the evidence that justices relied on to deny the Australian's appeal against extradition.
The development effectively exhausts Assange's legal options in Britain, where he has been fighting the extradition demand since late 2010. Assange could still apply to the European Court of Human Rights in Strasbourg, but legal experts say the 40-year-old stands little chance there.
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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.