Spears v. Morris & Wallace Elevator Co.

TOMLIN, Judge.

This is a case of first impression. The issue presented by this appeal, stated in its most narrow sense, is whether or not the definition of “employer” under the Workers’ Compensation Act, which admittedly includes the compensation insurance carrier, shall also include the employees of the insurance carrier. Stated a bit more broadly, the issue for consideration is whether a workers’ compensation insurance carrier and its employee can be classified as a “third party” under Tennessee Code Annotated § 50-914, so that a plaintiff who has received benefits from an insurance carrier…