Gray Insurance Co. v. Salvatierra

h SULLIVAN, Judge.

The issue presented by this appeal is whether an injured employee who settles his claim with a “third party” tortfeasor without filing suit has a cause of action to recover reasonable attorney fees and costs from the employer who seeks reimbursement for workers’ compensation and medical benefits previously paid. The trial court answered this question in the negative, granting the employer’s and the workers’ compensation insurer’s exception of no cause of action to the employee’s demand for apportionment of the costs of recoveiy. For the following reasons, we reverse and…