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Cek v. Rdoht8/4/2000
e identity of all third parties against whom the claimant has or may have a right of recovery. No settlement, compromise, judgment, award, or other recovery in any action or claim by a claimant shall be final unless the claimant provides the statutory subrogee with prior notice and a reasonable opportunity to assert its subrogation rights. If a statutory subrogee is not given that notice, the third party and the claimant shall be jointly and severally liable to pay the statutory subrogee the full amount of the subrogation interest."
In the case at bar, appellee had apparently filed a claim for workers' compensation benefits based on the fact that he was operating the truck within the scope of his employment duties at the time of the accident. Appellant is now suggesting that the trial court's January 13, 1998 entry awarding prejudgment interest to appellee and the October 20, 1998 order dismissing the supplemental complaint and assessing the costs thereof to appellant are invalid because they were predicated upon the July 14, 1998 order entering judgment on the arbitration award. According to appellant, the latter order is allegedly invalid under R.C. 4123.931 because appellee (i.e., the claimant) did not provide a statutory subrogee (i.e., the administrator of the Bureau of Workers' Compensation) with prior notice and a reasonable opportunity to assert its subrogation rights.
Appellant's position is unfounded. Even if we assume arguendo that appellee had a statutory duty to notify the Bureau of Workers' Compensation of his intent to file a civil action against appellant to recover compensation for medical benefits, this does not mean that the resulting July 14, 1998 decree entering the $30,000 judgment based on the arbitration award was automatically invalid. R.C. 4123.931(B) explicitly provides that " f a statutory subrogee is not given that notice, the third party and the claimant shall be jointly and severally liable to pay the statutory subrogee the full amount of the subrogation interest." Thus, the Bureau of Workers' Compensation would have an adequate legal remedy available to it in the form of a lawsuit by which to assert its subrogation rights. Appellant's second assignment is not well-taken.
Based on the foregoing analysis, appellant's first assignment of error is meritorious, while her second assigned error lacks merit. Appellee's assignment of error on cross appeal is well-taken. Accordingly, the judgment of the trial court is reversed, and the matter is remanded for further proceedings consistent with this opinion.
JUDGE JUDITH A. CHRISTLEY
FORD, P.J.,
O'NEILL, J., concur.
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