Chief justice seeks budget increase for court technology
Notable Attorneys
The head of the Iowa court system says technology and the need to ensure justice for everyone demands increased spending.
Speaking Wednesday in his annual speech to the Legislature, Iowa Supreme Court Chief Justice Mark Cady told lawmakers “we simply can no longer proceed into the future thinking it will be a modest linear extension from where we are today.”
The judicial branch is requesting nearly $185 million, a 4 percent increase from the current year’s budget. Gov. Kim Reynolds is proposing nearly $183 million.
Among the new programs Cady proposes is a $1.6 million rural courts initiative to secure courthouses and upgrade services to ensure court services in all 99 counties.
He also proposes a $2.5 million digital upgrade that would allow judges to send search warrants electronically to investigators, improve an internet-based telephone system and upgrade technology to allow for remote video appearances for witnesses, parties in cases and court reporters.
Cady also seeks $1.9 million to pay for a proposed 4 percent increase in pay for judiciary officers.
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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.