Miller & Miller Construction Co. v. Madewell

PITTMAN, Judge.

This is the sixth appeal in this protracted litigation between Miller & Miller Construction Company, Inc. (“the employer”), and Gary Wayne Madewell (“the employee”) over the employer’s workers’ compensation subrogation claim against funds recovered by the employee in a tort action against a third party. In the most recent previous appeal in this case, Miller & Miller Construction Co. v. Madewell, 901 So.2d 733 (Ala.Civ.App.2004), this court reversed a judgment of the Madison Circuit Court and rendered a judgment under *572which “ ‘the employer shall be responsible for payment of…