Roadway Express v. Folk

In this appeal, we hold that the Superior Court properly exercised its discretion to determine the amount of reimbursement to which an employer is entitled for workers’ compensation benefits paid to an employee when the employee later obtains a successful judgment against a responsible tortfea-sor through the joint efforts of both the employer’s counsel and the employee’s counsel. This Court has already determined that an employer must bear a proportionate share of the costs of an employee’s attorneys’ fees when the employee secures a judgment that provides the employer reimbursement and the…