Turco v. Schuning

This appeal presents the question, How should the proceeds of a third-party settlement be distributed between an injured employee and the employer’s insurer under the Nebraska Workers’ Compensation Act? North American Truck and Trailer, Inc. (North American) appeals the district court’s order awarding Alfred S. Turco, Jr., an employee of North American who was injured in a motor vehicle accident, the entire amount of a tort claim settlement. North American asked for a subrogation interest in the settlement. The court, however, determined that Turco had not been “made whole” and denied…