High court to hear arguments in Va. redistricting case

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The U.S. Supreme Court will soon hear arguments in the case over Virginia's congressional map.

The Richmond Times-Dispatch reports that arguments before the high court have been set for March 21.

The court has agreed to take up an appeal by Republicans in Virginia's congressional delegation. They're asking the court to reverse a decision by a three-judge panel that said lawmakers in 2012 illegally packed too many black voters into the 3rd Congressional District.

The new map could help Democrats win the 4th Congressional District, represented by Republican Rep. Randy Forbes

Republicans have also asked the U.S. Supreme Court to put a new congressional map for Virginia on hold and allow the 2016 elections to proceed under the old boundaries.

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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.

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