Ahlers v. EMCASCO Insurance Co.

CARTER, Justice.

This dispute concerns whether a workers’ compensation insurance carrier that is entitled to be indemnified from a third-party recovery by an injured employee must pay a one-third contingent fee claim of the employee’s attorney for the latter’s efforts in obtaining a settlement for a sum less than the workers’ compensation lien. The plaintiff, Thereasa Ahlers, received approximately $35,000 in workers’ compensation benefits after being injured while driving a school bus in the course of her employment. She subsequently brought a suit against the driver of the vehicle that…