Neumann v. American Family Insurance

Sievers, Judge.

This suit is a declaratory judgment action concerning the entitlement, under Neb. Rev. Stat. § 48-118 (Reissue 1993), of the parties to moneys obtained from a settlement with a third-party tort-feasor. The principal issue is whether a person injured during the course of her employment and who settles a third-party liability claim must receive full compensation for her injuries before a subrogated workers’ compensation insurance "carrier is entitled to share in the settlement proceeds paid by the third-party tort-feasor. A secondary'issue is the compensation carrier’s liability…