In one state, abused animals get a legal voice in court
Recent Cases
Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.
There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.
"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."
The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse.
Related listings
-
East Timor court drops premier's libel case against media
Recent Cases 06/01/2017An East Timor court on Thursday dismissed a criminal defamation case brought by the country's prime minister against two journalists due to lack of evidence. Rights groups and press advocates had urged that the case be dropped, fearing it would furth...
-
Doctor arrested at Trump hotel on gun charges due in court
Recent Cases 05/30/2017The tip received by police was vague, but potentially dire: a Pennsylvania physician was on his way to the nation's capital with a carload of weapons, planning to visit the president. As a result, Bryan Moles, 43, of Edinboro, Pennsylvania, was arres...
-
Court of Appeals Judge Elmore won't seek re-election
Recent Cases 05/25/2017A North Carolina appeals court judge said Wednesday he won't run again when his seat comes up for re-election next year. Judge Rick Elmore has served since 2003. The former private practice lawyer from Greensboro was re-elected to a second eight-year...
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.