Workers Compensation: REECE V. DIXIE WAREHOUSE & CARTAGE CO. (COA; 3/10/2006)

REECE V. DIXIE WAREHOUSE & CARTAGE CO.
WORKERS COMPENSATION  – Subrogation and Credit
2004-CA-000652
PUBLISHED 
AFFIRMING (HENRY)
DATE:  3/10/2006

This case involved a slip and fall at Dixie Warehouse by Reece who was not an employee of Dixie.  Reece received workers compensation benefits and sued Dixie Warehouse for her injuries.  The jury returned a favorable verdict.  On the workers compensation subrogation claim for benefits paid to Reece, the Trial court credited claimant’s workers’ compensation benefits award only to her lost wages, rather than the entire judgment obtained against the third party tortfeasor (Dixie).  COA affirmed. 

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