Janet Parker, Inc. v. Floyd

Phipps, Judge.

This case raises the question of whether an employee who received workers’ compensation benefits may sue the tortfeasor who caused his injuries after his employer has brought a subrogation action against the tortfeasor to recover for the workers’ compensation benefits paid to the employee. Under the circumstances of this case, we answer that question in the affirmative.

A car driven by William Floyd was rear-ended by a truck driven by Ronald Waits and owned by Waits’s employer, Janet Parker, Inc. (JPI). Floyd’s employer, Healthfield, Inc., and its workers’ compensation insurer,…