North Carolina Court to Rule on Law on Gov's Elections Role
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North Carolina's highest court is speeding up a final decision on whether Republican legislators could strip down the election oversight powers of the state's new Democratic governor.
The state Supreme Court said Wednesday it will take up Gov. Roy Cooper's lawsuit against state legislative leaders. The decision bypasses an intermediate appeals court and schedules a Supreme Court hearing on Aug. 28.
GOP lawmakers have sought to dilute Cooper's powers since he narrowly beat incumbent GOP Gov. Pat McCrory last year.
The contested law takes away Cooper's ability to appoint a majority of the state elections board and make every county's elections board a Democratic majority. The law would make a Republican head of the decision-making state board in presidential election years when most people vote and ballot disputes are hottest.
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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.