AIK Selective Self-Insurance Fund v. Minton

192 S.W.3d 415, 2006 Ky. LEXIS 130, 2006 WL 1358855
CourtKentucky Supreme Court
DecidedMay 18, 2006
Docket2004-SC-0326-DG
StatusPublished
Cited by18 cases

This text of 192 S.W.3d 415 (AIK Selective Self-Insurance Fund v. Minton) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AIK Selective Self-Insurance Fund v. Minton, 192 S.W.3d 415, 2006 Ky. LEXIS 130, 2006 WL 1358855 (Ky. 2006).

Opinions

[417]*417Opinion of the Court by

Justice GRAVES.

Appellant, AIK Selective Self-Insurance Fund, appeals from a decision of the Court of Appeals which affirmed an order of the Russell Circuit Court. For the reasons set forth herein, we now affirm the Court of Appeals.

Appellant is the workers’ compensation insurance carrier for the former employer of decedent, Sylvester T. Minton. Mr. Minton collected workers’ compensation benefits from Appellant due to an injury he received during the course and scope of his employment with Hinkle Construction Company. When Mr. Minton filed a tort action against a third-party for these injuries, Appellant timely intervened to exercise its subrogation claim. The third-party agreed to settle Mr. Minton’s tort claim for $150,000. Although the trial court found that Appellant had made total payments to Mr. Minton in the amount of $28,227.11, the trial court further found that the legal fees and expenses expended by Mr. Min-ton in pursuing his third-party tort claim were $68,475.59. Since the legal fees and expenses exceeded the total amount of benefits paid by Appellant, the trial court ruled that Appellant was entitled to no subrogation recovery pursuant to KRS 342.700(1).

KRS 342.700(1) states, in pertinent part, as follows:

Whenever an injury for which compensation is payable under this chapter has been sustained under circumstances creating in some other person than the employer a legal liability to pay damages, the injured employee may either claim compensation or proceed at law by civil action against the other person to recover damages, or proceed both against the employer for compensation and the other person to recover damages, but he shall not collect from both. If the injured employee elects to proceed at law by civil action against the other person to recover damages, he shall give due and timely notice to the employer and the special fund of the filing of the action. If compensation is awarded under this chapter, the employer, his insurance carrier, the special fund, and the uninsured employer’s fund, or any of them, having paid the compensation or having become liable therefor, may recover in his or its own name or that of the injured employee from the other person in whom legal liability for damages exists, not to exceed the indemnity paid and payable to the injured employee, less the employee’s leyal fees and expense.

(Emphasis added). In AIK Selective Self-Insurance Fund v. Bush, 74 S.W.3d 251 (Ky.2002), this Court stated in dicta that the above referenced statute “requires that the employee’s entire leyal expense, not just a pro rata share, be deducted from the employer’s or insurer’s portion of any recovery.” Id. at 257 (emphasis added).

Appellant argues that the subrogation computation advocated in Bush, supra, and applied by the trial court in this instance is unfair and arbitrary in violation of both the due process clause of the United States Constitution and Section 2 of the Kentucky Constitution. Appellant’s subro-gation credit was wiped out in this case because Appellees’ total legal fees and expenses in the tort claim exceeded its sub-rogation claim. Appellant claims this interpretation of KRS 342.700(1) is unfair because a portion of those legal fees and expenses may be attributable to recovering tort damages (namely, pain and suffering) which are not duplicative of and are unrelated to the workers’ compensation benefits it previously paid. Accordingly, Appellant argues that this Court should in[418]*418terpret KRS 342.700(1) so as to deduct only those legal fees and expenses that may be attributable to the recovery of tort damages which duplicate the workers’ compensation benefits previously paid by the employer/insurer. Appellant further argues that the computation technique advocated in Bush, supra, and applied by the trial court in this instance is arbitrary because it would result in windfalls for only the most successful tort litigants.1

While Appellant’s arguments may seem perfectly reasonable, we are not at liberty to abandon the plain language of a statute. This Court has “a cjuty to accord to words of a statute their literal meaning unless to do so would lead to an absurd or wholly unreasonable conclusion.” Bailey v. Reeves, 662 S.W.2d 832, 834 (Ky.1984). “Where a statute is intelligible on its face, the courts are not at liberty to supply words or insert something or make additions however just or desirable it might be to supply an omitted provision.” Berry v. Commonwealth, 782 S.W.2d 625, 626 (Ky.1990) (citations omitted).

We find that it is not absurd or wholly unreasonable to accord the language of KRS 342.700(1) its literal and plain meaning. Tort claims involve a significant risk and require substantial energy in pursuing recovery. It is only fair to require employers/insurers benefiting from the fruits of such an endeavor to share in its costs. Stacy v. Noble, 361 S.W.2d 285, 289 (Ky.1962) (‘We have concluded that regardless of the facts of the initial employment of counsel, if the employee’s counsel actually bears the burden of obtaining recovery from the third party, then whoever takes the money is chargeable with a share of the fee.”). Moreover, it is not arbitrary that the entire cost of pursuing the tort award (including those portions which do not duplicate the benefits paid as workers’ compensation) should be deducted from an employer/insurer’s sub-rogation credit.

Under the common law, subrogees had no right to subrogation until the injured party was “made whole.” Wine v. Globe American Casualty Co., 917 S.W.2d 558, 561-62 (Ky.1996). In other words, the injured party must be fully compensated for all of his or her injuries before the subrogee is entitled to reimbursement. Id. This doctrine recognized the basic premise that the right of the injured party to receive full recovery for his or her injuries is superior to the right of the subrogee to receive a credit for benefits previously paid on behalf of the injured party.

While the “made whole” doctrine may not be employed to trump or undermine the statutory subrogation scheme set forth in workers’ compensation cases, see [419]*419Bush, supra, at 255-56, its underlying principles remain relevant when explicating the statute’s primary functions. Paying workers’ compensation benefits is an obligation derived by contract.

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AIK Selective Self-Insurance Fund v. Minton
192 S.W.3d 415 (Kentucky Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
192 S.W.3d 415, 2006 Ky. LEXIS 130, 2006 WL 1358855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aik-selective-self-insurance-fund-v-minton-ky-2006.