This is a legal opinion from the Court of Civil Appeals of Alabama regarding a workers' compensation claim. Samuel Roblero was injured in a work-related motor accident while employed with Cox Pools of the Southeast. The driver of the other vehicle, who was at fault, was uninsured. Cox Pools paid Samuel Roblero $20,608.83 in temporary-total-disability workers' compensation benefits and $47,038 for his medical treatment.
Roblero settled an uninsured-motorist claim with Penn National, Cox Pools' insurance carrier, for $30,000. Cox Pools sought to use its subrogation rights to claim the $30,000 that Roblero received from the insurance company arguing double recovery. The court ruled that the settlement amount was subject to Cox Pools' subrogation rights and dismissed Roblero’s further claim to workers compensation benefits. However, the decision to dismiss the further claim was reversed on appeal, concluding that receiving an insurance settlement didn't obstruct Roblero from also pursuing a workers' compensation claim.
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Employer entitled to recover the full amount of workers' compensation benefits paid before the plaintiff's estate collected any funds from a third-party settlement.