Throng of Occupy protesters appear in NY courts
Recent Cases
Nearly 200 people arrested during Occupy Wall Street-related protests were in New York courtrooms hundreds of miles apart Wednesday, answering charges that stemmed from a march on the Brooklyn Bridge and a demonstration in a Rochester park.
In Manhattan, arraignments were under way for 166 people, most of them among the more than 700 picked up in an Oct. 1 march that marked the biggest mass arrest of the New York protest so far. Hundreds of other protesters arrested on the bridge and during other Occupy demonstrations in the city have already been to court, but this week's numbers are some of the biggest.
Meanwhile, 28 Occupy Wall Street supporters were set to appear in a Rochester court on charges of trespassing by staying in a park past its curfew.
Some wearing their Occupy Wall Street allegiance on buttons — and in one case, a hand-painted oxford shirt — lined hallways and an overflow courtroom in a Manhattan courthouse that handles low-level offenses. Many had been arrested on the bridge after police said protesters ignored warnings not to leave a pedestrian path and go onto the roadway.
The demonstrators were generally charged with disorderly conduct and blocking traffic, both violations. Many took a judge's offer Wednesday to get their cases dismissed if they avoid getting arrested again for six months.
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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.