8 women allege rape, harassment in military suit
Recent Cases
Eight current and former members of the U.S. military allege in a new federal lawsuit that they were raped, assaulted or harassed during their service and suffered retaliation when they reported it to their superiors.
The lawsuit, being filed Tuesday in U.S. District Court in Washington, accuses the military of a having a "high tolerance for sexual predators in their ranks" and of fostering a hostile environment that discourages victims of sexual assault from coming forward and punishes them when they do. The suit says the Defense Department has failed to take aggressive steps to confront the problem despite public statements suggesting otherwise.
The eight women include an active-duty enlisted Marine and seven veterans of the Navy and Marine Corps. Seven women allege that a comrade raped or tried to sexually assault them, including in a commanding officer's office after a pub crawl in Washington and inside a Navy barracks room in Florida. The eighth says she was harassed and threatened while deployed overseas, only to be told by a superior that "this happens all the time."
The women say they've suffered depression, anxiety and post-traumatic stress disorder because of the assaults. One woman says she tried to commit suicide after being raped inside her row home by a senior officer and his civilian friend.
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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.