French court blocks secret recordings of Sarkozy
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A French court has ordered an ex-aide of Nicolas Sarkozy to pay 10,000 euros ($14,000) in damages and costs to the former French president over secret recordings that were published in an online journal, and instructed the publication to pull down the links.
Sarkozy and his pop-star-supermodel wife, Carla Bruni, had demanded an emergency injunction blocking publication of their conversation, which surfaced in the online publication Atlantico. The court Friday ordered Atlantico to take down the audio files.
Once-trusted aide Patrick Buisson was ordered to pay 10,000 euros in damages to Sarkozy for making the recordings, and Atlantico and Buisson were each ordered to pay 1,000 euros in court costs.
Atlantico has already pulled the playful exchange between Sarkozy and Bruni.
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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.