Supreme Court orders stay of execution
Recent Cases
The U.S. Supreme Court granted a temporary stay of execution for Missouri death row inmate Herbert Smulls on Tuesday night.
Justice Samuel Alito signed the order that was sent out after President Barack Obama's State of the Union speech, about two-and-a-half hours before Smulls was scheduled to die at 12:01 a.m. Wednesday.
Smulls' lawyer, Cheryl Pilate, had made last-minute pleas Tuesday to spare his life, focusing on the state's refusal to disclose from which compounding pharmacy they obtain the lethal-injection drug, pentobarbital. Missouri has argued the compounding pharmacy is part of the execution team _ and therefore its name cannot be released to the public.
Smulls, 56, was convicted and sentenced to death for killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.
Pilate says the stay is temporary while the high court reviews the case, but she is hopeful the stay will become permanent.
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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.