Rains v. Kolberg Manufacturing Corp.

Opinion by

Judge KAPELKE.

Defendant, Aetna Casualty and Surety Company, appeals from the summary judgment entered by the trial court determining that Aetna had no subrogation claim to settlement proceeds to be paid by a third-party tortfeasor to Debby Rains, the wife of Mark Rains (claimant), Aetna’s insured under a workers’ compensation policy. We reverse and remand for further proceedings.

In October 1989, claimant suffered an industrial injury. He thereafter applied for and received workers’ compensation benefits exceeding $143,000 paid by Aetna, which had issued a workers’ compensation…