Court won’t hear appeal in senator’s corruption case
Recent Cases
The U.S. Supreme Court on Monday declined to hear New Jersey Sen. Bob Menendez’s appeal of his corruption indictment, setting the stage for a federal trial in the fall.
The justices let stand a lower court ruling that refused to dismiss charges including conspiracy, bribery and fraud against the Democratic lawmaker.
Menendez was indicted in 2015 after prosecutors said he took official action on behalf of a longtime friend who had given him gifts and campaign donations including flights aboard a luxury jet and a Paris vacation.
The friend, Florida eye doctor Salomon Melgen, currently is on trial in Florida on multiple counts of Medicare fraud that are separate from the counts he faces in the Menendez indictment.
The indictment alleges Menendez used his official influence to set up meetings with government officials aimed at helping Melgen in a Medicare dispute and with a business interest involving port security in the Dominican Republic.
Menendez has contended he was seeking to influence future policy instead of advocating on behalf of his friend, and that the government is attempting to use the timing of campaign donations to create a quid pro quo between him and Melgen that he claims never existed.
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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.