Colorado Counties, Inc. v. Davis

Opinion by

Judge NEY.

Plaintiff-Intervenor, Colorado Counties, Inc. (CCI), appeals from the order of the trial court granting a pro rata apportionment of attorney fees and costs between plaintiff, Wayne Davis, and CCI, his employer’s workmen’s compensation carrier.

The sole substantive issue on appeal is whether a workmen’s compensation carrier, by becoming subrogated against a third-party tortfeasor, is responsible for pro rata payment of the plaintiff’s attorney fees and costs when that carrier, although a party to the third-party suit, did not actively contribute to the prosecution of that…