Toal seeking millions to safeguard SC court info
Recent Cases
The head of South Carolina's judicial system says she needs more money to safeguard digital information for courts around the state.
Chief Justice Jean Toal told a Senate panel Wednesday that it would take about $5.5 million to set up a site at Clemson University that could serve as a backup for digital court records now stored in Columbia.
Toal says she also needs about $500,000 to train staff on data security measures.
The House budget approved Wednesday doesn't include that money. But Toal says the state's courts would be crippled if the information were wiped out and not backed up.
Toal is also asking for the money to fund new circuit court and family court judges, as well as staff attorneys for both appellate courts.
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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.