Attorneys to give openings in Mumbai terror case
Recent Cases
The trial of a Chicago businessman accused of helping plan deadly attacks in Mumbai in 2008 is being closely watched worldwide for what testimony might reveal about the global fight against terrorism. Defense attorneys, though, say their case is about just one thing: Betrayal.
Opening statements start Monday in the trial of Tahawwur Rana, who prosecutors allege provided cover for his former schoolmate to scout out sites for the rampage that killed more than 160 people in India's largest city. Rana, 50, has pleaded not guilty.
The case has drawn keen interest because the testimony might give clues about suspected links between the Pakistani militant group blamed in the attacks and the nation's main intelligence agency, which has been under scrutiny for failing to detect Osama bin Laden since U.S. forces killed him May 2 outside Islamabad.
Prosecutors' key witness is expected to be David Coleman Headley, a Pakistani-American and Rana's former friend who pleaded guilty last year to laying the groundwork for the Mumbai siege blamed on the militant group Lashkar-e-Taiba. Headley is cooperating with the government and may discuss allegations that Pakistan's government knew — or possibly helped plan — the attack. Six Americans were among those killed.
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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.