Summers v. Command System, Inc.

OPINION

REID, Chief Justice.

This case presents for review the liability of the employer (and its workers’ compensation insurer) for attorney’s fees and costs incurred in obtaining a recovery against a third party tortfeasor.

Billy Roger Summers was injured in the scope and course of his employment with MTD Products, Inc. by a truck owned by Command Systems, Inc. MTD’s workers’ compensation insurance carrier, Fireman’s Fund Insurance Company, paid $35,814.73 in benefits to Summers.

Summers sued Command Systems for personal injuries sustained in the accident. Summers was represented in the tort…