German parliament votes to approve EU-Canada trade pact
Verdicts & Settlements
German lawmakers on Thursday approved a free-trade deal between the European Union and Canada, moving the accord a step closer to taking full effect.
The pact, formally known as the Comprehensive Economic and Trade Agreement, or CETA, was signed in late 2016. Most of its terms have been implemented provisionally since 2017, but the parliaments of the EU’s 27 member nations must ratify the deal for -it to come fully into force.
Chancellor OIaf Scholz’s three-party coalition moved forward with ratifying it after Germany’s highest court in March rejected complaints against CETA, at least in the form in which it is currently in effect.
Lawmakers voted 559-110 to approve the pact.
Another 11 EU countries have yet to ratify the deal, Verena Hubertz, a lawmaker with Scholz’s center-left Social Democrats, told parliament’s lower house before the vote.
“We are optimistic, now that we are moving forward, that others will also follow very quickly,” she said. “But of course ... this is much too long and much too slow in a globalized world that turns quickly.”
Hubertz said Germany had to wait for the court verdict and added that “we have eliminated concerns” about details of a dispute mechanism built into the pact. Conservative opposition lawmakers argued that little or nothing has actually changed and charged that the center-left had held up ratification for ideological reasons.
The deal eliminates almost all customs duties and increases quotas for certain key products in Canada and the EU’s respective markets. The EU has said the agreement will save its companies some 600 million euros ($623 million) a year in duties.
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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.