Rival Calif. Papers Settle Lawsuit Over Ad Pricing
Recent Cases
Two San Francisco newspapers engaged in a lengthy legal battle over predatory pricing have settled their dispute outside of court.
The San Francisco Chronicle reports that the Bay Guardian and SF Weekly announced a settlement Monday but did not disclose its terms.
The Guardian filed an antitrust lawsuit against SF Weekly in 2004, accusing the paper of slashing advertising prices to drive the Guardian out of business. A San Francisco judge in 2008 ordered SF Weekly to pay $21 million to its rival.
SF Weekly has said its low-cost ads reflected fair competition and did not violate antitrust laws.
Both alternative weeklies are distributed for free and rely on ad revenue to continue operating.
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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.