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Colorado Compensation Insurance Authority v. Jones5/19/2005
's physical impairment and disfigurement damages and the non-economic damages caused by both Harley and Sylvia Hagan;
2) the determination of the amount of Pinnacol's payments for workers' compensation benefits through the date of the hearing, and the determination that Pinnacol had no subrogation rights to amounts that were equivalent to PIP benefits;
3) the determination that Pinnacol has no subrogation rights in Satterfield's physical impairment and disfigurement damages except to the extent it denied Pinnacol subrogation rights in these damages for amounts Pinnacol may pay as disfigurement compensation under § 8-42-108.
It is reversed insofar as it allocated all the settlement proceeds to Satterfield's non-economic damages. The case is remanded with directions that the trial court conduct further proceedings and:
1) determine the actual amount of economic damage Satterfield has suffered or will suffer in the future;
2) allocate the settlement proceeds in accordance with the determination of the amounts of economic, non-economic, and physical impairment or disfigurement damages suffered by Satterfield;
3) determine what amount of the economic damage is not subject to Pinnacol's subrogation rights because it was or will be equivalent to PIP benefits;
4) from the amount of the settlement allocated to economic damages, distribute to Pinnacol any amounts to which it has subrogation rights for workers' compensation benefits actually paid to Satterfield, taking into account the $30,000 Pinnacol received from Harley Hagan;
5) distribute the balance of the settlement proceeds to Satterfield;
6) enter orders permitting Pinnacol to set off against the remaining amount, if any, of the settlement allocated to economic damages, any workers' compensation benefits it becomes obligated to pay to Satterfield in the future, and for which it has a subrogation right;
7) enter orders permitting Pinnacol to set off against the amount of the settlement allocated to physical impairment and disfigurement damages, any disfigurement compensation it becomes obligated to pay to Satterfield under § 8-42-108.
The summary judgment is affirmed insofar as it dismissed the negligence claim against Jones. It is reversed as to the dismissal of the respondeat superior claim, and the case is remanded for further proceedings.
JUDGE VOGT and JUDGE HAWTHORNE concur.
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