Alabama Forest Products Industry Workmen's Compensation Self-Insurer's Fund v. Lucas

Supreme Court of Alabama

Alabama Forest Products Industry Workmen's Compensation Self-Insurer's Fund v. Lucas

667 So. 2d 104, 1995 Ala. LEXIS 312, 1995 WL 429083

Supreme Court of Alabama·Decided July 21, 1995·No. 1940726·Published

Opinion

SHORES, Justice.

There is no statutory duty on the part of the attorney representing an injured worker in a third-party case to protect the subrogation rights of the workers’ compensation carrier. Unless there is an express agreement to protect the interests of the subrogated carrier, no duty to do so exists.

In denying the certiorari petition, we reject that language in the opinion of the Court of Civil Appeals that arguably would permit a factfinder to find that the law firm impliedly agreed to protect the interest of the subrogated carrier.

WRIT DENIED.

MADDOX, HOUSTON, KENNEDY, INGRAM, COOK and BUTTS, JJ., concur.

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SHORES, Justice.

There is no statutory duty on the part of the attorney representing an injured worker in a third-party case to protect the subrogation rights of the workers’ compensation carrier. Unless there is an express agreement to protect the interests of the subrogated carrier, no duty to do so exists.

In denying the certiorari petition, we reject that language in the opinion of the Court of Civil Appeals that arguably would permit a factfinder to find that the law firm impliedly agreed to protect the interest of the subrogated carrier.

WRIT DENIED.

MADDOX, HOUSTON, KENNEDY, INGRAM, COOK and BUTTS, JJ., concur.

Alabama Forest Products Industry Workmen's Compensation Self-Insurer's Fund v. Lucas, 667 So. 2d 104, 1995 Ala. LEXIS 312, 1995 WL 429083 (Ala. 1995).

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667 So. 2d 104 (Alabama Forest Products Industry Workmen's Compensation Self-Insurer's Fund v. Lucas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.