Skilstaf, Inc. v. Williams

Section 25 — 5—11(a), Ala.Code 1975, provides, in pertinent part:

“For purposes of this amendatory act, the employer shall be entitled to subro-gation for medical and vocational benefits expended by the employer on behalf of the employee; however, if a judgment in an action brought pursuant to this section is uncollectible in part, the employer’s entitlement to subrogation for such medical and vocational benefits shall be in proportion to the ratio the amount of the judgment collected bears to the total amount of the judgment.”

(Emphasis added.)

While I voted with the majority in Ex parte BE & K…