Judges Bar Law on Violent Video Games
Recent Cases
A federal appeals court has upheld an injunction against a Minnesota law that would have kept children under 17 from renting or buying violent video games.
A three-judge panel of the 8th Circuit U.S. Court of Appeals said Minnesota has a compelling interest in the psychological health of children.
But the judges wrote that the state didn't have enough proof that violent video games cause psychological harm and agreed with a lower-court judge that Minnesota went too far when it passed the law two years ago.
Under the law, kids under 17 would have faced a $25 fine if they rented or bought a video game rated "M" for mature or "AO" for adults only. The law also would have required stores to put up signs warning of the fines.
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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.