Rascop v. Nationwide Carriers

STEPHEN L. MAXWELL, Justice. *

This is a review by writ of certiorari of a decision of the Workers’ Compensation Court of Appeals that a settlement recovery by the employee’s wife for loss of consortium is not subrogated to the employer’s compensation insurer and cannot be a credit against future compensation payments. We affirm.

Ronald T. Rascop, respondent-employee, a truck driver for Nationwide Carriers, relator-employer, was in the course of his employment on March 8, 1975, when he was seriously injured in Ohio in a motor vehicle accident. Employee and his wife, Shirley Rascop, sued the…