Bill Hodges Truck Co. v. Humphrey

YOUNG, Presiding Judge:

The issue is whether the workers’ compensation carrier is entitled to set-off against a disability award to an injured worker in the amount recovered by the worker against his uninsured motorist coverage. The Workers’ Compensation Court denied the set-off. We agree.

Respondent (Humphrey) was struck by a vehicle driven by a co-employee in Petitioner’s (Hodges) parking lot. He was awarded by the Workers’ Compensation Court permanent partial disability benefits which are not contested in this appeal. Humphrey also recovered by settlement twelve thousand dollars in uninsured…