Bussen v. BE&K Construction Co.

MADDOX, Justice.

We have granted certiorari review to consider the judgment of the Court of Civil Appeals in this workers’ compensation case. See Bussen v. BE&K Construction Co., 728 So.2d 617 (Ala.Civ.App.1997). The single legal issue presented is whether an employer is statutorily entitled to subrogation to recover medical-benefits payments it has made and those it will be obligated to make in the future, or whether the employer’s right of subrogation applies only to the amounts already paid.

The dispute between the employer and the employee involves an interpretation of § 25-5 — 11(a),…