Court OK's Discrimination Suit Against Restaurant
Recent Cases
A California appeals court reinstated the discrimination claims of a disabled customer who was ridiculed and denied service at a restaurant.
Ron Wilson followed his occasional visits to Murillo's Mexican Food with letters to owner Frances Murillo, suggesting ways the restaurant could become more accessible.
Murillo spent about $130,000 to bring the restaurant into compliance with disability law.
But in March 2005, Murillo asked Wilson and a friend to leave, saying, "You guys are not welcome here, and you know that ... You're only here to harass me. You're not here for the food."
When Wilson refused, the bartender allegedly took his food while another employee took pictures of him, sarcastically telling him to "smile for the camera."
Wilson sued Murillo for violating the Americans with Disabilities Act.
The district court ruled that the behavior was too trivial to be actionable, but Justice Ruvolo disagreed, stating that Wilson should be allowed to make his case.
Ruvolo said restaurants may not refuse to serve customers because the patrons filed ADA complaints against them.
The alleged intimidation and harassment would also constitute a violation of disability law, Ruvolo wrote.
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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.