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Samples v. Cincinnati Insurance Co.12/5/2003
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
In this case we are faced squarely with a matter of first impression in this Commonwealth. The issue presented concerns whether an employee, who has recovered workers' compensation benefits, can also recover under a policy for underinsured motorist coverage for the same elements of loss.
Appellant, Raymond Samples, was injured in the scope of his employment while driving a van owned by his employer, BGM Equipment. The negligent tortfeasor, Michael Howton, crossed into Samples's lane and struck his van head-on. Samples was seriously harmed, suffering injuries to his back which required surgery to remove a ruptured disk and a spinal fusion, with insertion of rods and screws.
Samples settled with Howton's insurer for policy limits of $25,000. Thereafter, Samples filed suit against appellee, Cincinnati Insurance Company, which had issued an insurance policy covering the BGM vehicle driven by Samples. The policy included underinsured motorist (UIM) coverage with policy limits of $300,000.
In addition to filing suit against Cincinnati Insurance, Samples also sought benefits from BGM's workers' compensation carrier. Samples eventually received workers' compensation benefits in the amount of $42,140.10 for medical expenses and $114,043.07 for wage loss and impairment of power to earn money in the future. He also received a permanent partial disability award of $201.18 per week for 425 weeks, for a total of $85,501.50. Additionally, the workers' compensation carrier was liable for any future medical expenses Samples might incur as a result of the injuries he sustained from this accident.
Samples's case against Cincinnati Insurance was tried before a jury for three days in Fayette Circuit Court. The jury returned a verdict in favor of Samples in the amount of $300,330.35, which included the following: past medical expenses--$50,330.55; loss of wages--$50,000; future medical treatment--$25,000; impairment of power to earn in the future $100,000; and pain and suffering--$75,000. However, the trial court reduced the jury's verdict by the amount of the workers' compensation award, including amounts for future medical expenses. After these reductions, the trial court awarded the following damages to Samples: medical expenses--$8,190.45; lost wages--$21,458.53; future medical expenses--$0; impairment of power to earn in the future--$14,498.50; and pain and suffering --$75,000. The parties agreed that Cincinnati Insurance was entitled to credit in the amount of $10,000 for basic reparations benefits it paid to Samples, and for $25,000, which Howton's insurance carrier settled with Samples. In all, the trial court reduced Samples's recovery to a net amount of $84,174.48 and denied Samples's motion to alter or amend the judgment. Samples timely appealed the reduction of the jury's verdict.
Cincinnati Insurance filed a cross-appeal in this matter regarding Samples's proof of his entitlement to underinsured motorist coverage and his evidence supporting medical expenses. We will take up the cross-appeal last.
As initially noted, the matter of whether an insured can recover both from workers' compensation and underinsured motorist coverage for the same elements of loss is one of first impression in this Commonwealth. At first glance, one might conclude obviously an insured cannot recover from both. However, we are compelled to analyze this matter in detail without reaching conclusory results.
We begin our analysis by reviewing Philadelphia Indemnity Insurance Co. v. Morris, Ky., 990 S.W.2d 621 (1999), which involved a closely related issue, that of whether workers' compensa
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