James E. Carley, M.D., P.A. v. Seibels, Bruce & Co.

COWART, Judge.

An employee in the course and scope of his employment was injured by a tortfeasor with liability insurance. While receiving worker’s compensation benefits the injured employee settled with the tortfeasor’s insurer.1 The worker’s compensation carrier sued the tortfeasor’s liability carrier alleging that the settlement was in violation of the compensation carrier’s statutory subro-gation rights in that the liability carrier “had actual or constructive knowledge” that the injured employee was receiving compensation benefits when the settlement was made. Upon motion of the liability…