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Davidson v. Travelers Insurance Co.9/14/2001
rty, "then whoever takes the money is chargeable with a share of the fee." Stacy v. Noble, Ky., 361 S.W.2d 285 (1962). Additionally, KRS 342.700(1) (upon which the insurer bases its right of subrogation) explicitly provides that the insurance carrier may recover from the third-party an amount "not to exceed the indemnity paid and payable to the injured employee, less the employee's legal fees and expense." (Emphasis added).
This matter is remanded to the Jefferson Circuit Court for appropriate findings regarding the nature and extent of Davidson's damages, the allocation of settlement proceeds between categories of compensable and non-compensable items of damage, an award of any appropriate credit to the workers' compensation insurance carrier, and a determination of the issue of attorneys' fees and costs.
ALL CONCUR.
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