Kaiman v. Mercy Midlands Medical & Dental Plan

Sievers, Chief Judge.

This appeal presents the first impression issue of whether a health care insurer who is reimbursed as the result of an injured employee’s successful workers’ compensation suit is obligated to pay attorney fees to the employee’s attorney.

This case comes to us after the district court for Douglas County sustained the demurrer of Mercy Midlands Medical and Dental Plan and its trustee (Mercy Midlands). In reviewing an order sustaining a demurrer, an appellate court accepts the truth of facts well pled and the factual and legal inferences which may reasonably be deduced from…