Cambodian court slams opposition leader with new conviction
Recent Cases
A court in Cambodia on Tuesday sentenced the country's exiled opposition leader to five years in prison after finding him guilty of conspiring to incite chaos by posting misleading documents on his Facebook page.
The conviction by the Phnom Penh Municipal Court is the latest legal problem for Sam Rainsy, head of the Cambodia National Rescue Party. The several cases against him are generally considered part of Prime Minister Hun Sen's strategy to weaken his opponents ahead of local elections next year.
Sam Rainsy was found guilty in absentia of conspiracy to incite chaos and using and falsifying public documents. His Facebook page had reposted from a fellow party member several poorly translated documents suggesting that Hun Sen's government had signed a treaty ceding territory to neighboring Vietnam, Cambodia's traditional enemy.
Two opposition party members who maintained the Facebook page for Sam Rainsy were found guilty of the same charges, and also given five-year prison sentences, but with two years suspended. The two are also in exile.
The original poster of the erroneous material, opposition Sen. Hong Sok Hour, was sentenced last month to seven years 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.