New Mexico courts deem hunter information as public record
Notable Attorneys
The New Mexico Game and Fish Department has been ordered to release information about hunters to individuals who sought the records as part of separate court cases.
A state district judge is ordering the agency to turn over the names and addresses of those who won big game draws between 2015 and 2019 to a Los Alamos County resident who had petitioned the court for the information.
In the second case, the state Court of Appeals said the email addresses of individuals who applied for hunting licenses between 2015 and 2016 must be turned over to former Land Commissioner Aubrey Dunn.
The agency said Thursday that both courts concluded that information collected from the public in connection with the administration of the agency's public duties fall within the definition of public records and are subject to disclosure.
“The department argued against the release, but ultimately lost,” Game and Fish Director Michael Sloane said. “We value the privacy of our customers’ personal information but recognize that is the courts' interpretation of the current IPRA law.”
The department said it wanted to notify its customers that the information was being released and offered the number of the state attorney general's complaint hotline in case anyone is harassed by solicitors or others as a result of the disclosure.
In 2017, Dunn had requested the names and email addresses of more than 300,000 applicants for New Mexico hunting licenses. James Whitehead of Los Alamos had requested draw results, names and addresses of all successful applicants and units applied for and units drawn.
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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.