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Nicholas v. Morgan11/12/2002
se the § 44(a) right of the Fund for reimbursement extends to the proceeds of the malpractice action against Nicholas' attorney for failure to timely file the third-party tort action, the district court erred when it dismissed the Fund's petition for intervention.
VII. Conclusion
In conclusion, 85 O.S.1991, § 44(a) provides a paying employer or insurance carrier, as a statutory assignee, the right to seek reimbursement from an injured worker after the latter is paid settlement proceeds of a claim against a third-party tortfeasor. This right of reimbursement extends to the proceeds of the workers' malpractice action against his attorney for failure to timely file the third-party tort action. The district court erred when it dismissed the Fund's petition for intervention.
Accordingly, the district court's dismissal order on appeal is reversed. This cause is remanded for further proceedings consistent with this opinion.
CERTIORARI PREVIOUSLY GRANTED; OPINION OF THE COURT OF CIVIL APPEALS, DIVISION III, VACATED; DISTRICT COURT'S DISMISSAL ORDER REVERSED; CAUSE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
WATT, V.C.J., and HODGES, LAVENDER, OPALA, BOUDREAU and WINCHESTER, JJ., concur.
HARGRAVE, C.J., and KAUGER and SUMMERS, JJ., dissent.
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