Abdala v. Aziz

Opinion

HART, J. *

On this appeal we must determine whether an employer 1 is entitled to reimbursement for workers’ compensation benefits paid to its employee from a personal injury settlement between the employee and a third party tortfeasor.

I

On June 19, 1987, Fadia Abdala (plaintiff), an employee of Foodmaker, Inc. (doing business as “Jack-in-the-Box”), sustained a back injury in an industrial related accident. Aetna Casualty & Surety Company (Aetna), the workers’ compensation carrier for Foodmaker, thereafter provided medical and other benefits to her under its policy. Some 14 weeks later,…