Ewing v. Allied Construction Services

HARRIS, Justice.

A severely injured employee received workers’ compensation benefits. He also brought an action against a third party for his injuries' and received a favorable settlement. The injured worker’s dispute here is with his employer’s workers’ compensation insurer. It concerns the manner of allowing for the employee’s attorney fees, those earned in the third-party suit, when calculating future workers’ compensation benefits. The insurer holds a statutory lien on the proceeds of the third-party recovery, subject to the obligation to pay its share of the attorney fees required for…