VA Properly Denied Voter Registration, Court Rules
Recent Cases
The Department of Veterans Affairs was fair in its denial of a Democratic group's attempt to register voters at one of its buildings, the 9th Circuit ruled.
Judge Graber found that the district court erred when it ruled Steven Preminger and the Santa Clara County Democratic Committee lacked standing to bring the lawsuit.
However, the VA prevailed, because the Democrats failed to prove that the VA had violated their First Amendment rights.
A nurse at the VA's Menlo Park nursing home called the VA police after one of the Democrats showed up for the voting drive wearing a John Kerry button.
Since the nursing home building is not a public forum, the VA is allowed to make a "reasonable" restriction on free speech, in this case a prohibition of "partisan activities."
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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.