US Senate confirms Menendez as federal judge in Minnesota
National News
U.S. Magistrate Judge Kate M. Menendez has been confirmed by the Senate to fill Minnesota’s federal court vacancy, the state’s two senators announced over the weekend.
Menendez was nominated by President Joe Biden in September. She appeared before the Senate Judiciary Committee in early November to take questions and talk about her five-year stint as a magistrate judge, the Star Tribune reported.
Menendez previously served as a federal public defender for more than 18 years. Her experience includes several adjunct law professor roles, including at the University of Minnesota, Hamline University and St. Thomas University.
Democratic Sens. Amy Klobuchar and Tina Smith said in a joint statement Saturday that Menendez was recommended by the judicial selection committee, comprised of prominent members of Minnesota’s legal community.
“Judge Menendez has dedicated her career to making our state a more just place,” Klobuchar 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.