Employers Commercial Union Insurance v. Wrenn

Bell, Chief Judge.

All parties agreed to the payment of workmen’s compensation which was approved by the board on April 17, 1972. The injury was caused by the negligence of a third party. The workmen’s compensation insurer, the appellant Employers, who was also the third-party tortfeasor’s liability insurer, gave notice of claim of its subrogation rights under Code Ann. § 114-403 to all concerned. Claimant retained counsel who filed suit against the third party. At a hearing before a deputy director to determine a change of condition and credit for subrogation, a finding of fact was made that…