Court documents quantify impact of gay marriage in Kansas
Notable Attorneys
Court documents are offering a glimpse at the early impact of the gay marriage ruling in Kansas.
The latest filing Tuesday from state officials comes in the lawsuit challenging the constitutionality of the Kansas ban on same-sex marriages. A federal judge has ruled the state’s ban is unconstitutional in the wake of the recent U.S. Supreme Court decision that legalized such unions nationwide.
But he gave the parties extra time to make written filings on whether Kansas has made good on its assurances that it will comply.
One affidavit shows that the Kansas State Employee Health Benefits Plan has granted health insurance coverage to 48 same-sex spouses.
Another document shows Sedgwick County has issued at least 160 marriage licenses to same-sex couples, while Douglas County issued about 60 such licenses.
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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.