Fitch v. Insurance Co. of North America

This appeal involves a claim by a workmen's compensation insurance carrier for reimbursement of compensation benefits previously paid to the injured employee, following the employee's recovery of damages from a third party. The employee appeals from a judgment in favor of the insurer.

On March 15, 1979 appellant, Jo Ann Fitch, was injured while employed at Mason's Department Store. The employer's insurance carrier, Insurance Company of North America (INA), began paying temporary total disability benefits to Fitch as a result of her injury. Fitch subsequently filed a third-party lawsuit against…