Employers Insurance Co. v. Miller

The appellant, a workmen’s compensation insurance carrier, appeals from an order of equitable distribution made after recovery by the employee in a personal injurj tort action against third-party tort-feasors. The trial judge awarded the compensation carrier the sum of $1,500 as. a pro rata share of the employee’s recovery. The *814carrier filed a first amended notice of compensation lien on October 9, 1958, in the personal injury action. The settlement was effected by the employee and recovery had after July 1, 1959. The order of equitable distribution was made January 5, 1960.

The appellant…