Man pleads not guilty in deadly Lodi crash
Recent Cases
A man has pleaded not guilty to murder, driving under the influence and other charges in a car crash in Central California that killed five members of a family, including a pregnant woman.
The Record of Stockton reports that 28-year-old Ryan Morales entered the plea in San Joaquin County Superior Court on Monday.
Authorities say Morales was driving at freeway speeds in a residential area in Lodi on Oct. 22 when he crashed into a pickup. Five of the pickup's occupants died.
Authorities say Morales had been drinking apple-flavored vodka with his father. A preliminary analysis allegedly showed his blood alcohol count was 2 ½ times the state's limit.
Authorities say they sought a murder charge against Morales because he acted with complete disregard for human life.
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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.