Loughner lawyer says she can't provide discovery
Recent Cases
The Tucson shooting rampage suspect's lawyer says she's unable to provide discovery requested by prosecutors until her client is declared competent to stand trial.
In a Monday filing, defense attorney Judy Clark says the court's finding that Jared Lee Loughner is incompetent to stand trial makes it clear that she "cannot have rational or meaningful communication" with him.
She says she also cannot consult with him about any possible defenses or evidence that may be presented at trial until he is declared competent.
Judge Larry Burns ruled last month that Loughner is mentally unfit to assist his lawyers or understand the charges he faces.
Loughner has pleaded not guilty to charges stemming from the Jan. 8 Tucson mass shooting that killed six and injured 13, including Rep. Gabrielle Giffords.
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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.