Fort Bend County Statement Regarding Intervention Petition Norsworthy 14DCV213052

County Judge
Fort Bend County, TX

Robert E. Hebert
Fort Bend County Judge
Phone (281) 341-8608
www.fortbendcountynews.info

For Immediate Release

FORT BEND COUNTY STATEMENT REGARDING INTERVENTION PETITION NORSWORTHY          #14-DCV-213052

FORT BEND COUNTY, TX – Fort Bend County has a deep concern for the well-being of Deputy J. D. Norsworthy’s widow and children as they continue to deal with the tragedy of the sudden loss of a husband and father. Fort Bend County has provided and continues to provide support to the family as workers’ compensation beneficiaries.  

The intention of the County in this case, and any other subrogation case, is only to recover the portion of its payouts provided by worker’s comp from the third party deemed responsible.  Fort Bend County has a statutory responsibility to be reimbursed from the responsible third parties for the tax payer money paid to beneficiaries.  These responsibilities are established by Texas law as an obligation on claimants, beneficiaries, responsible third parties and their attorneys to protect the County’s right to reimbursement, rather than allow any double recovery by beneficiaries.

Replenishment of workers’ compensation payments once a responsible party is determined is a standard process under subrogation law, and is normally calculated at the time the suit is filed and included as a portion of settlements in most cases.  The attorney for a family member notified the County of a possible settlement in a lawsuit against a third party and asked what amount would be owed to the County under its statutory lien rights.  Prior to that notification, the County was not aware of any settlement a beneficiary made with any responsible third party. Our intervention is an attempt to seek reimbursement of our tax payers’ cost from the party that caused the accident.

First responders are the lifeline of the community, spending days and nights protecting the lives and property of its citizens.  The loss of a deputy in the line of duty is a great loss to the county, its citizens and more importantly, their families.  In this case the county is looking to responsible parties for reimbursement of benefits paid to the family.

County Judge Bob Hebert said, “Given the deep respect I hold for all county employees, and especially our law enforcement officers and other first responders, I am distressed that our action is being styled by some as an attempt to take money that rightfully belongs to widows and orphans. Nothing could be further from the truth. We routinely recover payment of Workers’ Compensation and Group Medical benefits from third parties liable for those injuries. The timing of notice that negotiations were underway and the very short fuse given by the court to enter a pleading required the unusual step of naming the beneficiaries as well as the plaintiff’s attorneys and the responsible third party. Our goal, as stated above, remains to be reimbursed by the responsible third party” 

 

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