Court sides with Wyoming in dispute with Montana
Recent Cases
The Supreme Court says Wyoming is not taking too much water from a river system it shares with Montana.
The high court on Monday turned away Montana's complaint that Wyoming is taking too much water from the Tongue and Powder rivers in violation of a 1950 agreement between the states.
Montana claimed that more efficient irrigation in Wyoming is preventing runoff from rejoining the river and flowing downstream.
Justice Clarence Thomas wrote the 7-1 decision, which says more efficient irrigation is permissible to the detriment of downstream users. Justice Antonin Scalia was the only dissenting vote.
Justice Elena Kagan did not participate in the case because she worked on it while in the solicitor general's office.
Related listings
-
Court close to seating Blagojevich jury
Recent Cases 04/28/2011Jury selection in the retrial of former Illinois Gov. Rod Blagojevich is entering the home stretch after dragging on for longer than expected. Thursday should be the last day of questioning of would-be jurors by U.S. District Judge James Zagel. He to...
-
Court denies Va. inmate's lawsuit over beard
Recent Cases 04/23/2011A federal court has denied a Muslim inmate's lawsuit claiming the Virginia prison system violated his religious rights by refusing to allow him to grow a 1/8-inch beard. William Couch challenged the Department of Corrections' grooming policy that ban...
-
Democrats criticize hiring of firm for House remap
Recent Cases 04/18/2011Democratic lawmakers are raising complaints about Republican House Speaker Jim Tucker's decision to hire a law firm with national GOP ties to submit the state House remap to federal officials. The head of the House redistricting committee, Democratic...
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.