United States Fidelity & Guaranty Co. v. Johnson

WYNN, Judge.

When an employee receives workers’ compensation from an employer for injuries and also receives a compensatory payment from a third party, to the extent that it provided benefits the employer has a lien on the third party’s payment. However, where the third party payment is the result of a settlement, the legislature has left in the discretion of the superior court the amount of the lien. In the present case, after the decedent employee’s estate reached a settlement, the superior court determined the employer’s lien to be nothing. We affirm this decision, as the trial court could…