Travelers Indemnity Co. of America v. Jarrells

I agree with the result of the majority opinion, but I respectfully disagree in part with the path taken to get there.

Initially, I agree with the majority opinion that, pursuant to Indiana Code § 22-3-2-13, once an employee receives an award from a third-party tortfeasor that is greater than the worker's compensation benefits received by the employee, a statutory lien is created for the benefit of the employer or the employer's insurance carrier. The statutory lien shall be in the amount of the compensation paid by the employer or insurance carrier to the employee minus the pro rata share of…