Liberty Mutual Insurance Co. v. Garry

SABERS, Justice.

[¶ 1.] Trial court granted summary judgment to workers’ compensation insurer, ruling that its statutory lien against employee’s settlement with third-party tortfeasor was not defeated by fact that employee was not made whole by settlement amount. Employee appeals. We affirm.

FACTS

[¶ 2.] On November 19, 1991, Bruce Garry was severely injured in a motor vehicle accident. It is undisputed that at the time of the accident, Garry was acting within the scope of his employment as a truckdriver with Orion Enterprises (Employer). Employer’s workers’ compensation insurance carrier,…