R.G. Speaks, Texas Employers' Insurance Association, Intervenor-Appellee v. Trikora Lloyd P.T., in Personam

CLARK, Chief Judge:

This case concerns the right of the compensation carrier, Texas Employers’ Insurance Association (TEIA), to recover from a third-party defendant, Trikora Lloyd, P.T. (Trikora Lloyd), the part of its compensation lien which exceeds the amount paid by Trikora Lloyd to an injured worker pursuant to a settlement agreement. Trikora Lloyd asserts that absent a showing by TEIA that Trikora Lloyd was negligent, the compensation carrier cannot recover an amount that exceeds an injured worker’s net recovery. We disagree and affirm.

I

Speaks sustained an injury while working for Carlson…