Hunley v. Silver Furniture Mfg. Co.

OPINION

in which ANDERSON, C.J., and BIRCH, and BARKER, JJ., joined.

We granted this appeal to determine whether a workers’ compensation insurance carrier’s subrogation right under Tenn.Code Ann. § 50~6-112(c) extends to amounts representing compensation to a worker’s spouse for loss of consortium. We hold that such amounts are not subject to subrogation under TenmCode Ann. § 50-6-112(c). When the allocation of damages between the worker and the worker’s spouse is determined by settlement, however, we hold that the parties may request approval of the settlement from the court having…