Chavez v. Kelley Trucking, Inc.

Opinion by

Judge CARPARELLLI.

Plaintiff Pinnacol Assurance (Pinnacol) appeals the trial court's order denying its motions for forfeiture or apportionment of proceeds from the settlement of noneconomic damages claims between plaintiff Jose Chavez (Chavez) and defendant Kelley Trucking, Inc. (Kelley). Pinnacol asserts that the Workers' Compensation Act requires Chavez to forfeit settlement proceeds for noneconomic damages because he did not obtain Pinna-col's consent to the settlement. We affirm.

I. Background

Chavez was injured in a motor vehicle accident while acting within the course and seope…