Man who killed wife, baby loses appeal in Mass.
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The highest court in Massachusetts rejected the appeal of a British man convicted of killing his wife and baby daughter in their rented home, saying in its decision released Tuesday that warrantless searches of the home were justified because those inside might have been in danger.
In arguing for a new trial, lawyers for Neil Entwistle said evidence obtained during the warrantless searches of the Hopkinton home while police were looking for the missing family should have been dismissed at trial.
They also argued he was denied a fair trial, claiming that "saturating and inflammatory" media coverage tainted the jury pool and the judge refused to question prospective jurors more deeply about how publicity may have biased them.
The court rejected the arguments, concluding that Entwistle "received a fair trial that was ably tried and judged."
Entwistle was convicted of the 2006 shootings of his wife, Rachel, and their daughter, 9-month-old Lillian. He is serving life in prison without the possibility of parole for their murders.
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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.