Iowa bill on same-sex marriage licenses in trouble
Recent Cases
A measure that would bar Iowa county officials from issuing marriage licenses to same-sex couples faces a bleak future as it sits in a House committee.
Top Republicans on Thursday said they have no plans to debate the issue, viewing it a nod to the party's social conservative wing. Top Democrats argue the measure is unconstitutional and violates a 2009 Iowa Supreme Court decision striking down a state law defining marriage as being between one man and one woman.
Backers say introducing the measure is one more opportunity to voice their displeasure with how the marriage issue has been handled.
Republican Rep. Betty De Boef (dee-BUFF') says the issue has been handled badly and that some lawmakers want to take every opportunity to make that point.
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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.