Burns v. Nielsen

Donald R. Bums, Jr., was injured in a work-related accident on the premises of a third party, and settled both a workers’ compensation claim and a third-party negligence claim. Bums’ employer, the appellant, sought to enforce a subrogation interest in the proceeds of the negligence settlement. The question presented in this appeal is whether the employer was barred from asserting its subrogation interest by equitable principles, based on its allegedly wrongful conduct in the course of contesting Bums’ workers’ compensation claim.

BACKGROUND

Bums suffered an accidental injury arising out of and…