Appeals court clears way for Rep. Jefferson trial
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A federal appeals court upheld bribery and other charges against Louisiana Democratic U.S. Rep. William Jefferson on Wednesday, clearing the way for a trial.
Jefferson, who cruised to victory in a primary last week and is expected to easily win re-election, had sought to dismiss a 16-count indictment charging him with taking bribes, laundering money and misusing his congressional office for business dealings in Africa.
A three-judge panel of the 4th U.S. Circuit Court of Appeals rejected Jefferson's claims that a federal grand jury received evidence that violated his constitutional right to legislative immunity.
Jefferson's attorneys argued that three staffers should not have been allowed to tell the grand jury about Jefferson's relationships with African leaders and his knowledge about West African nations because those activities were part of his legislative duties.
Jefferson could further delay a trial by appealing to the U.S. Supreme Court. A telephone message was left Wednesday with his attorney, Robert P. Trout.
Prosecutors contend Jefferson used his influence as chairman of the congressional Africa Investment and Trade Caucus to broker deals in Nigeria, Ghana, Cameroon and other African nations on behalf of those who bribed him.
The 2007 indictment alleges that Jefferson received more than $500,000 in bribes and demanded millions more between 2000 and 2005, including $90,000 he received from an FBI informant that was later found in the freezer of his Washington home. He has pleaded not guilty.
U.S. District Judge T.S. Ellis III had refused to dismiss the indictment, saying Jefferson was trying to apply the legislative immunity clause so broadly that it would be virtually impossible to charge a congressman with a crime.
Ellis "accorded Congressman Jefferson every substantive and procedural protection to which he was entitled," the appeals court judges wrote.
Jefferson's trial had been scheduled to begin in December, but has been postponed. If convicted of all charges, he faces up to 235 years in prison.
Meanwhile, Jefferson, 61, Louisiana's first black congressman since Reconstruction, faces a Dec. 6 election against little-known Republican, Anh "Joseph" Cao in his New Orleans-based district. The district's election was pushed back because of Hurricane Gustav.
Last week, he easily won a Democratic primary runoff against a former television reporter who argued that the scandal had obliterated the influence Jefferson built during 18 years in Congress.
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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.