Trucking v. Corbitt

DAUKSCH, Judge.

This is an appeal from an order denying a claim of lien and payment thereunder to a worker’s compensation carrier. We quash the order and remand for entry of an order recognizing the lien rights of the carrier and proper payment under those rights.

This case arises out of a wrongful death action where the widow and the estate (Plaintiffs) sued the tortfeasor and the worker’s compensation carrier claims a right to a portion of the proceeds from the settlement of the lawsuit.

After settlement was reached between the parties to the lawsuit, the plaintiffs and the tortfeasor, the…