Court says convicted lawyer unfit to practice law
Recent Cases
The New Hampshire Supreme Court is making it clear that not everyone who passes the bar exam gets to practice law.
The court has denied the appeal of a would-be lawyer who was shot down by its Committee on Character and Fitness.
The applicant - identified in the ruling by the initials G.W. - admitted it was a "bad joke" to pretend to be an armed robber at a North Conway convenience store on April Fool's Day 1993. He's also been convicted of drunk driving, violating a restraining order and criminal threatening and he has more than $130,000 in delinquent student loans.
When asked for positive traits, G.W. said it was an amazing accomplishment that he passed the bar exam in 2008 after 20 years and seven unsuccessful attempts.
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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.