Nance Ex Rel. Nance v. Westside Hospital

OPINION ON PETITION TO REHEAR

FONES, Justice.

The health care defendants have filed a petition to rehear.

Their first complaint is that the Court decided the case on “the basis of a novel ground that had not been briefed, argued or even mentioned by any of the litigants.”

We readily acknowledge that the words of the statute that we interpreted as excluding worker’s compensation as a collateral source, to-wit: “and such losses are not replaced or indemnified in whole or in part,” had not been mentioned, or construed by the litigants or the courts below.

In construing a statute, it is the duty of…