Navy ship commander to face general court-martial
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A Navy ship commander is facing a military court hearing in San Diego Friday on accusations of sexually assaulting two women on his crew.
Cmdr. Jay Wylie will undergo a general court-martial, the military court reserved for the most serious offenses, according to the San Diego Union-Tribune.
Wylie is the former skipper of the Everett, Wash.-based destroyer USS Momsen.
Wylie's attorney, Jeremiah Sullivan, wouldn't say Thursday what kind of plea his client will enter but told the newspaper that Wylie will "take full responsibility for his actions."
According to the Navy, Wylie got drunk on two occasions and sexually assaulted the women.
The first incident alleges that on New Year's Eve, Wylie pinned a junior female officer, tried to kiss her and assaulted her with his hand up her skirt.
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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.