Andy Monghan was working for Nuss Lumber when he was involved in a car accident in 2002. The company paid him a substantial amount in workers' compensation benefits and Monghan also sued and settled with third parties involved in the accident.
Nuss Lumber filed a counter-claim seeking reimbursement from the third-party settlement citing their right under § 25-5-11(a), Ala.Code 1975. The estate of Andy Monghan was added as a party after he passed away. After both parties agreed that Nuss Lumber was entitled to recover $1,380,634.50 from the settlement funds, the court had to determine how funds would be distributed between Nuss Lumber and the estate.
The court ruled that Nuss Lumber had the right to fully recoup the benefits it paid before the estate could receive any funds from the settlement, and it was not necessary to liquidate assets to give Nuss Lumber immediate repayment.
TruckMax Denied Amendment to Challenge Plaintiff’s Capacity in Wrongful Death Case
Court Affirms Wrongful Death Was Work-Related
Court Grants Thompson Tractor Company's Petition, Directing Dismissal of Asbestos-Related Workers' Compensation Action after Plaintiff's Death
Unsuccessful Appeal Made by the Adult Daughter of a Deceased Worker
The Alabama Court of Civil Appeals determined the status of a newspaper delivery person as an independent contractor.
Wrongful Death Award Reversed
No Evidence of Toxicity Exposure or Work-Related Disease
Court Rules Outrage Claim must be Joined with Original Wrongful Death Action
Procedural Dispute of Proper Court to review Exclusivity Provisions
Spouse of Deceased Worker Entitled to Benefits Accrued
Library's Claim for Reimbursement of Uninsured-Motorist Benefits Denied Due to Prevailing Interpretation of Subrogation Rights Statute Appellate Party
Aalbama Chapter 13 Trustee Appeals in Favor of Injured Worker, Relying on Established Cahoon Precedent Over Defendant's Claim
Court Reverses Dismissal of Intervenor's Claim in Workplace Injury Case
A Look at Workers' Compensation and Subrogation Rights