Brandner v. Travelers Insurance

Appeal is by claimant, Eugene J. Brandner, Jr., from a decision of the Workers’ Compensation Court determining the subrogation interest of the insurer, Travelers Insurance Company in a recovery obtained by plaintiff as a settlement of a third party action.

We find that the administrator of the Workers’ Compensation Division, whose order was affirmed by the Workers’ Compensation Court, made an.incorrect determination of the subrogation interest of the insurer as we hereafter set forth.

Claimant, employed by Con Agra Montana, Inc., in Great Falls, sustained an injury June 27, 1975 while loading…