McGranahan v. McGough

The opinion of the court was delivered by

Abbott, J.:

This is a subrogation case wherein the employer and its insurance carrier are seeking to recover workers compensation benefits paid to an injured worker for injuries caused by a third-party tortfeasor. The third party settled with the injured employee. This appeal involves whether the employer and its insurance carrier are entitled to recover part of the settlement as subrogation for workers compensation payments made to the injured worker.

Bettis Asphalt and Construction, Inc., (Bettis) is the employer, and National Indemnity Company…