Man Says Social Security Guards Beat Him
Recent Cases
Private contract guards hired by the Social Security Administration assaulted a man, fracturing his hand, and maliciously prosecuted him because he clipped his fingernails while waiting in the Social Security office, the man claims in Federal Court.
Leon Bailey sued Securitas Security Services, Paragon Systems, and the four guards who allegedly assaulted him. He claims defendant John Robinson Jr. started the fracas by ordering him to stop clipping his fingernails as he waited in the Seattle office. Bailey says he complied, and "put away his clippers and began pushing the cuticles back," which apparently enraged Robinson, who ordered him to leave.
Bailey said he did leave, though he had unfinished business to transact in the office. He says Robinson followed him to the street, and enlisted the help of three other men, also security guards, who struck him with a baton, fracturing his hand, forced him to the ground, handcuffed him and arrested him. They charged him with four offenses, which were dismissed.
Bailey demands punitive damages for constitutional violations, negligence, and malicious prosecution. He is represented by Patrick Kang with the Premier Law Group.
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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.