Supreme Court delays New Jersey sports betting decision
Recent Cases
The U.S. Supreme Court says it wants to hear more arguments before deciding whether to consider New Jersey's challenge to a federal sports betting ban. The court had been expected to announce a decision Tuesday.
Instead, it asked the U.S. solicitor general to weigh in. That could mean several more months before a decision is made. New Jersey is challenging a 1992 federal law that restricts sports betting to Nevada and three other states. The four major pro sports leagues and the NCAA sued to stop New Jersey in 2012.
New Jersey claims the federal law violates the Constitution by preventing states from repealing their own laws. Several states including Mississippi, West Virginia, Arizona, Louisiana and Wisconsin have joined New Jersey's effort.
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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.