Drake v. Insurance Co. of North America

METZGER, Judge.

In this workmen’s compensation case, claimant, Betty Drake, seeks review of a final order of the Industrial Commission allowing her employer’s compensation insurance carrier, Insurance Company of North America (INA), to take a credit against the amount of compensation benefits paid for the gross amount of a settlement received by claimant from a third-party tortfeasor. Claimant contends she is entitled to offset attorney fees and costs awarded by the district court, thus limiting the subrogation recovery of INA to the net proceeds of the settlement amount. We agree, and…