Austin v. Scharp

Richard E. Austin appeals from an order of the district court for Douglas County, Nebraska, which determined pursuant to Neb. Rev. Stat. § 48-118 (Reissue 1998) that Andy’s Tires, Inc., and its workers’ compensation insurance carrier were entitled to satisfaction of their subrogation lien out of proceeds from a third-party settlement obtained by Austin without obligation for any portion of the attorney fees and expenses which Austin incurred in obtaining the settlement. We conclude that the district court erred in its application of § 48-118 and, therefore, reverse, and remand for further…