/cdklawyers.com// 12/09/2011
Following a collision that rendered him paraplegic, an employee was paid workers’ compensation benefits. He and his wife sued several third parties for causing the wreck. His employer intervened to protect its subrogation rights for the workers’ compensation benefits it had paid to the employee. Following a vacated jury verdict, the parties settled. The trial court then allocated the settlement proceeds between the employee and his wife. The employer appealed this allocation, and the Fifth Circuit Court of Appeals addressed it in Hodges v. Indiana Mills & Manufacturing Inc., No. 10-41152 (5th Cir. Nov. 29, 2011), available at http://www.ca5.uscourts.gov/opinions/unpub/10/10-41152.0.wpd.pdf.
