AIK Selective Self-Insurance Fund v. Minton

*417Opinion of the Court by

Justice GRAVES.

Appellant, AIK Selective Self-Insurance Fund, appeals from a decision of the Court of Appeals which affirmed an order of the Russell Circuit Court. For the reasons set forth herein, we now affirm the Court of Appeals.

Appellant is the workers’ compensation insurance carrier for the former employer of decedent, Sylvester T. Minton. Mr. Minton collected workers’ compensation benefits from Appellant due to an injury he received during the course and scope of his employment with Hinkle Construction Company. When Mr. Minton filed a tort action against a…