NY appeals court tosses ruling on RNC surveillance
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A court overstepped its authority by trying to force the New York Police Department to release of hundreds of pages of documents about its infiltration of protest groups before the 2004 Republican National Convention, an appeals court found Wednesday.
The 2nd U.S. Circuit Court of Appeals in Manhattan reversed the district court's ruling that ordered the nation's largest police department to turn over secret "field reports" to protesters who sued the city over their arrests.
The ruling said that the city "met its burden of showing that law enforcement privilege applies to field reports — even as redacted by the district court — because the reports contain detailed information about the NYPD's undercover law enforcement techniques and procedures."
Before the convention, members of the NYPD's Intelligence Division went undercover and infiltrated protest groups that wanted to disrupt the convention. Information in the undisclosed documents "reinforces the city's assertions that the public faced a substantial threat of disruption and violence during the RNC," the appeals court wrote.
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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.