The opinion
I agree with the majority opinion in its statutory interpretation. However, I do believe the statute as written allows for a double recovery by the employee at the expense of the employer.
For purposes of subrogation, I can see no reason for the distinction between past and future medical payments. In my opinion, the settlement proceeds should be treated as an advance payment of future compensation and include all future medical expenses. When the advance is exhausted, the employer would resume paying the worker's compensation benefits if warranted.
The legislature will have to address this problem as it sees fit.