Iowa woman promoted to nation's lone all-male Supreme Court

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Republican Gov. Kim Reynolds on Wednesday promoted a female district judge to the Supreme Court in Iowa, the only state where all of its current justices are men.

Susan Christensen will be the first woman on Iowa's high court in roughly eight years. The appointment doesn't require confirmation by lawmakers for Christensen to take the bench.

During brief remarks from her formal office at the state Capitol, Reynolds praised Christensen's background, which most recently includes being a district court judge in the Fourth Judicial District in southwest Iowa. She previously worked as an assistant county attorney and a district associate judge.
 
Reynolds prefaced Christensen's announcement by saying that Iowans need "judges who understand the proper role of the courts within our government. Judges who will apply the law, and not make it."

The last woman to serve on the Iowa Supreme Court was Chief Justice Marsha Ternus, who lost her retention election in 2010. Ternus was part of a unanimous decision in 2009 that effectively legalized same-sex marriage in the state. Groups opposing same-sex marriage then led a successful campaign to get Ternus and two other justices voted out of the court.

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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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