Suspect in U Penn student's murder due in California court

Notable Attorneys

A Southern California man charged in the killing of a University of Pennsylvania student is due in court Friday.

Authorities say Samuel Woodward, 20, of Newport Beach killed 19-year-old sophomore Blaze Bernstein and buried his body in a shallow grave at a neighborhood park not far from the Bernstein family's home in Lake Forest.

Bernstein, who grew up in Orange County and was visiting his family on winter break, was missing for a week after going out with Woodward the night of Jan. 2, according to authorities. Authorities searched for him with help from drone pilots and found his body at the park after rain partially exposed it.

Woodward is charged with murder and an enhancement for use of a knife. He is being held without bail. Bernstein was gay and Jewish and authorities are investigating the possibility of a hate crime.

Authorities say the two men both attended the Orange County School of the Arts but they did not know if they were friends at the time.

According to a court filing obtained by the Orange County Register, Woodward told investigators that he became angry after Bernstein kissed him the night they went to the park.

At college, Bernstein was studying psychology and was recently chosen to edit a campus culinary magazine. Hundreds of people attended a candlelight vigil for Bernstein and his funeral.

If convicted of the charge and enhancement, Woodward could face as much as 26 years to life in prison.

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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.

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