Second Injury Fund v. Johnson

I respectfully dissent.

Subrogation in workers’ compensation cases is a statutorily created right. It must be specifically granted by the Legislature. The Legislature created and set out the authority of the Second Injury Trust Fund in Art. 8306, Sec. 12c, Sec. 12c-l, and Sec. 12c-2. No right of subrogation is granted in this or any other statute.

The section of the Workers’ Compensation Act which deals with rights of subro-gation is Art. 8307, Sec. 6a. That section reads specifically and solely in terms of the “association” with regard to subrogation rights. The “association” and the “Second…