Izaguirre v. R & L Carriers Shared Services, LLC

J. JONES, Justice.

This Industrial Commission appeal deals with the extent of subrogation rights of an employer or its surety. The claimant, Rubio Izaguirre, settled with a third-party tortfeasor following a work-related automobile accident. His employer and surety asserted a right of subrogation against the entirety of that settlement, minus only a deduction for attorney fees and costs. Izaguirre argued that subrogation rights should extend only to damages that workers’ compensation typically insures and not to pain and suffering. The Commission found in favor of the employer and surety,…