(Download) "County Workers Compensation Pool V. Davis" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: County Workers Compensation Pool V. Davis
- Author : Colorado Supreme Court
- Release Date : January 16, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The question in this case is whether a workers' compensation insurer that has paid workers' compensation benefits to a worker for injuries sustained in the course of employment may be assessed a portion of the worker's attorney fees and court costs incurred in prosecuting a tort claim against the person who caused the worker's injuries when the tort claim is settled for an amount in excess of the insurer's liability for workers' compensation benefits. In Colorado Counties, Inc. v. Davis, 801 P.2d 10 (Colo. App. 1990), the court of appeals affirmed a judgment against the insurer for a pro rata share of the attorney fees and court costs incurred by the worker and held that the order of assessment was justified by considerations of fundamental fairness to the worker and the prevention of unjust enrichment to the insurer. We affirm the judgment of the court of appeals.