Pa. teens plead not guilty to hate crime charge
Recent Cases
A federal judge denied bail Tuesday for two Pennsylvania teens who pleaded not guilty to a hate crime charge in the death of a Mexican immigrant, noting that one defendant is accused of kicking the victim in the head "as if you were kicking a field goal."
Brandon Piekarsky, 18, and Derrick Donchak, 19, were charged in the July 2008 beating death of 25-year-old Luis Ramirez in the town of Shenandoah. A separate indictment charges three police officers with obstructing the investigation into Ramirez's death.
Judge Malachy Mannion ruled that Piekarsky and Donchak should remain locked up pending trial, calling them dangers to the community. He set a March trial date.
A Schuylkill County jury acquitted the teens in May of the most serious state charges against them — including third-degree murder in Piekarsky's case — angering Hispanic leaders and civil-rights groups. Gov. Ed Rendell then asked the Justice Department to pursue civil rights charges.
Mannion noted that it is extremely rare for the federal government to pursue charges in a case already decided in state court.
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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.