Lawyer says imprisoned man innocent
Recent Cases
A lawyer says a man imprisoned for killing another man at a Chicago McDonald's 26 years ago is innocent and he may get a new trial.
Alton Logan was sentenced to life in prison as an accomplice in the 1982 killing. The alleged shooter, Edward Hope, received the death penalty.
Hope told his lawyer, Marc Miller, he had never seen Logan in his life, telling him to relay to Logan's attorney that he is "representing an innocent man," The Chicago Tribune reported Tuesday.
Career criminal Andrew Wilson admitted to the crime, but Hope's attorney's were bound by attorney-client privilege and only came forward with the new information following Wilson's death in November. Wilson was never charged in the McDonald's shooting.
Three attorneys representing defendants in the case signed an affidavit in 1982 that Hope was innocent but could not reveal it because of attorney-client privilege. The affidavit sat in a lock box under a bed for 26 years.
Logan, now 54, could get a new trial, but that all depends on whether or not Miller's testimony in a Cook County court about Wilson's confession is admissible or not.
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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.