Breedlove v. Niagara Cold Drawn South

OPINION

SANDERS, Presiding Judge

(Eastern Section).

The pivotal issue on this appeal is, where an injured employee who has been paid workers’ compensation and subsequently recovers a judgment against a third party, the net proceeds of which exceed the employer’s subrogation claim, can a pro rata portion of the cost and attorney’s fees be charged against the subrogation claim? The answer is in the negative.

The salient facts are not in dispute. The Plaintiff-Appellee, Roy A. Breedlove, was *468injured while in the employ of the Inter-venor Appellant, Chattanooga Crane & Rigging Company (Crane) whose…