Texas lawyer wants extra pollution controls nixed
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A lawyer representing the energy industry has filed a petition with the Texas Commission on Environmental Quality seeking a relaxation of rules governing air-borne pollution that he says compel Texas businesses to pick up the tab for foreign polluters.
Attorney Jed Anderson said states should not be forced to make deeper cuts in smog-forming emissions to meet federal limits because of wind-borne pollution from places such as Mexico.
"It's important to push for cleaner air, but we need to do it in a way that is just and fair," said Anderson, of Houston.
He filed the petition last week, the Houston Chronicle reported Monday.
TCEQ has 60 days to respond to the petition. If the agency agrees with Anderson, it could ask the U.S. Environmental Protection Agency to revise the rules.
Federal law gives states the primary responsibility for assuring that the air is safe to breathe. The law allows an exception if foreign pollution is the only reason that an area does not comply with smog limits, but that is difficult to prove.
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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.