Carol Doyle Represents Immigration Detainees
Notable Attorneys
Federal officials refused to treat a diabetic immigration detainee'sgangrenous wound for more than two months, despite a stench so bad thatother prisoners staged a hunger strike to demand care for him, MartinHernandez Banderas claims in Federal Court. He says that when theagonizing infection became so serious that a doctor recommendedamputation, the USA discharged him from prison so it wouldn't have topay for it.
Hernandez Banderas was imprisoned at theImmigration and Customs Enforcement prison in San Diego. Among theclaims in his federal complaint are that 83 detainees have died incustody of the immigration service in the past 5 years, many of themfrom inadequate medical care.
Hernandez says his treatment wasso bad it constituted torture. He demands punitive damages. He isrepresented by Carol Doyle with Willoughby Doyle of Oakland.
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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.