Howard ex rel. Lee v. Alfrey

JAMES C. HILL, Circuit Judge:

This appeal asks us to determine whether a workers’ compensation insurer is entitled to subrogation rights granted under Tennessee law when the insurer makes initial direct payments consistent with the Tennessee award schedule, but it is later determined that the award is payable under Georgia law. Georgia does not allow subrogation in this context. The district court ruled that Georgia courts would recognize the insurer’s subrogation rights for the payments unilaterally paid under the Tennessee schedules. We disagree and reverse.

I

The facts leading to this…