# Bussen v. BE&K CONST. CO.

> Court of Civil Appeals of Alabama · May 23, 1997 · 728 So. 2d 617

URL: https://www.frixlaw.com/law-library/cases/9932299

## Case

- **Full name:** Victor Bussen v. Be K Construction Company. [Fn1]
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** May 23, 1997
- **Citations:** 728 So. 2d 617; 1997 Ala. Civ. App. LEXIS 420; 1997 WL 272436
- **Precedential status:** Published
- **Opinion:** Concurrence by Thompson
- **Judges:** Crawley, Thompson, Yates
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9932299

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9932299. Public record. Not legal advice.