Phillip Morris USA v. James

Andree Layton Roaf, Judge.

Phillip Morris USA and its insurance carrier, Lumbermens Mutual Casualty Company (“Phillip Morris”) appeal from a decision of the Workers’ Compensation Commission. The Commission found that Phillip Morris was not entitled to a credit against appellee Gerald James’s third-party tort settlement with Trans World Express airline, which related to a compensable injury James suffered when he fell while exiting an airplane, because James was not “made whole” by the settlement. On appeal, Phillip Morris argues 1) the Commission erroneously applied the “made whole” doctrine…