Pa.'s tough, new voter ID law heads to court
Notable Attorneys
The first legal test for Pennsylvania's tough new voter identification law is arriving.
A state Commonwealth Court judge will begin a hearing Wednesday on whether to block the law from taking effect in this year's election while the court considers a challenge to its constitutionality.
The hearing could last a week.
The law is the subject of a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest in the Nov. 6 election.
Republicans say it's necessary to prevent fraud. But Democrats say it's an election-year scheme to steal the White House and contend that there's no track record of fraud that it would prevent.
Republican Gov. Tom Corbett signed the law in March without a single Democratic lawmaker supporting it.
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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.