Hartford Accident & Indemnity Co. v. Tolison

Eberhardt, Judge.

The sole question for decision is whether, in a claim for workmen’s compensation, the employer or insurance carrier is entitled to credit for sums received by the employee in settlement of a claim against the third party tortfeasor causing the injuries, where the written notice provided for by Code Ann. § 114-403 is not given by the employer or carrier to the employee or to the tortfeasor. Code Ann. § 114-403 provides: “Whenever any person is called upon to pay compensation, medical expenses and/or funeral expenses on account of injury or death compensable under this Title,…