Thai court acquits Red Shirts of terrorism for 2010 protests
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A court in Thailand on Wednesday dismissed terrorism and other charges against 24 leaders of an extended street protest in 2010 that saw key areas of central Bangkok closed off and random violence that was ended by military force.
The Bangkok Criminal Court ruled that the two-month protest by the "Red Shirt" supporters of former Prime Minister Thaksin Shinawatra, during which 91 people were killed and thousands hurt, was "a political fight, not terrorism."
Thaksin was ousted by a military coup in 2006 after being accused of corruption and abuse of power. His allies won a 2007 election, but parliamentary maneuvering installed the rival Democrat Party in power in 2008, inspiring the 2010 protest that called for Democrat Prime Minister Abhisit Vejjajiva to step down.
Thaksin's ouster set off years of sometimes violent conflict between his supporters and opponents, both of which engaged in aggressive street protests against governments led by the other's faction. During three months of street protests in 2008, Thaksin's foes - known as the Yellow Shirts - occupied the prime minister's offices, as well as Bangkok's international airport for about a week.
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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.