Liberty Mutual v. Kinser

Opinion by

PHIL HARDBERGER, Chief Justice.

The issue presented in this appeal is whether a workers’ compensation carrier, who has paid benefits to an employee for injuries suffered in an automobile accident, has a subrogation right to benefits paid the employee under the employee’s personal uninsured/underinsured insurance coverage. Because we agree with the trial court that the workers’ compensation carrier does not have a subrogation right to such benefits, we affirm the trial court’s judgment.

BACKGROUND

In September of 1999, Michael Kinser (“Kinser”) was injured in an automobile accident…