Guy J. Johnson Transportation Co. v. Dunkle

WALSH, Justice:

In this appeal from a Superior Court affirmance of a decision of the Industrial Accident Board (the “Board”), we are confronted with an issue of first impression: whether an employer has a right to a credit against an award of medical expenses for payments made to an injured worker through employer-provided medical insurance. We conclude that, under the circumstances of this case, the Board erred in refusing to permit such an offset. Accordingly, we reverse the decision of the Superior Court.

I

The issue presented on this appeal arose out of a claim for workmen’s compensation…