Opinion

Bussen v. BE&K CONST. CO.

  • 728 So. 2d 617
  • 1997 Ala. Civ. App. LEXIS 420
  • 1997 WL 272436
Court
Court of Civil Appeals of Alabama
Filed
May 23, 1997
Status
Published
Author
Thompson
On the bench
Crawley, Thompson, Yates
Cited by
3 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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