Combined Insurance v. Shurter

NATURE OF CASE

Combined Insurance (Combined), the employer of Lois J. Shurter, appeals the decision of the district court for Adams County dismissing its petition for declaratory judgment filed against Shurter in which, pursuant to Neb. Rev. Stat. § 48-118 (Reissue 1993), Combined sought $34,045 of the $75,000 settlement proceeds which Shurter had received from Southern Nebraska Rural Public Power District (Southern Nebraska Power), the alleged tort-feasor. Section 48-118 pertains to an employer’s subrogation rights under the Nebraska Workers’ Compensation Act. We find that the trial court…