Texas woman on death row gets new sentencing trial
Recent Cases
A Texas appeals court says one of 10 women on the state's death row should get a new punishment hearing after her attorneys said prosecutors withheld evidence at her 2005 trial.
Chelsea Richardson was convicted of masterminding the slayings of her boyfriend's parents so her boyfriend could inherit their $1.56 million estate. She was 19 at the time of the December 2003 killings.
The now 27-year-old's attorneys argued she deserves a new punishment hearing because prosecutors withheld a psychologist's notes suggesting another woman, who took a plea deal in the case, masterminded the murder plot.
Richardson's trial judge and the Texas Court of Criminal Appeals agreed. The appeals court returned her case to Tarrant County on Wednesday.
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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.