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Hartford Insurance Company v. Federal Express Corporation1/29/2002
Following a bench trial, Hartford Insurance Company appeals the trial court's ruling that it was not entitled to enforce its subrogation lien against settlement proceeds received by Willie Binyard pursuant to OCGA § 34-9-11.1. For the reasons set forth below, we affirm.
The record shows that, on December 10, 1997, Binyard was employed by Cort Furniture Rental as a delivery person. That day, while riding as a passenger in a Cort truck, Binyard was struck from behind by a Federal Express truck being driven by Jack Bacon, resulting in a low impact collision. Following this collision, Binyard began to experience pain in his back and legs, and he sought out medical treatment. Binyard subsequently filed suit against Bacon and his employer, Federal Express.
While his lawsuit was pending, Binyard filed a workers' compensation claim against Cort, and this claim was accepted by Hartford, Cort's workers' compensation insurance carrier. It is undisputed that Hartford paid Binyard a total of $65,170.86 in workers' compensation benefits, consisting of $29,133.09 in indemnity benefits, $16,037.77 in medical benefits, and $20,000 in settlement of Binyard's claim.
In accordance with OCGA § 34-9-11.1 (b), Hartford intervened in Binyard's case against Bacon and Federal Express. However, before the case reached a trial, Binyard settled his case for $75,000. Following this settlement, Hartford asserted a workers' compensation subrogation lien against Binyard. Binyard refused to pay this lien, arguing that he had not been fully and adequately compensated for his economic and non-economic losses as required by OCGA § 34-9-11.1.
A bench trial followed in which Hartford contended that Binyard had greatly exaggerated the extent of his injuries, that he no longer needed medical assistance, and that, as such, he had been fully and adequately compensated for his economic and non-economic losses. In response, Binyard argued that he had been permanently disabled, that he was in dire need of future medical assistance, and that, although he had chosen to settle his case, he had not been fully and adequately compensated for his economic and non-economic losses.
After sifting the evidence, the trial court found that,
hile it appears from the evidence presented that [Binyard's] injuries resulted from a relatively minor collision, the medical testimony adduced did not unequivocally refute the seriousness or extent of his injuries. As Hartford has not carried its burden of proving that [Binyard] has been fully compensated as required by OCGA § 34-9-11.1, the Court finds that it is not entitled to recover any amounts on its subrogation lien.
It is this ruling which Hartford now appeals.
OCGA § 34-9-11.1 (b) provides:
In the event an employee has a right of action against such other person as contemplated in subsection (a) of this Code section and the employer's liability under this chapter has been fully or partially paid, then the employer or such employer's insurer shall have a subrogation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer or insurer may intervene in any action to protect and enforce such lien. However, the employer's or insurer's recovery under this Code section shall be limited to the recovery of the amount of disability benefits, death benefits, and medical expenses paid under this chapter and shall only be recoverable if the injured employee has been fully and completely compensated, taking into consideration both the benefits received under this chapter and the amount of the recovery in the third-party claim, for all economic and non-econo
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