[DOWNLOAD] "Barclay v. Universal Underwriters Group" by Indiana Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Barclay v. Universal Underwriters Group
- Author : Indiana Supreme Court
- Release Date : January 18, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This case presents a familiar pattern. Barclay was injured on the job and received $10,507 in temporary disability payments from his employers workers compensation insurer (Universal). This created a subrogation right in Universal. Barclay then retained attorney Kenneth Allen to pursue his claims against a third party and received a settlement before suit was filed. The workers compensation statute provides for a subrogee to pay a 25% attorneys fee to the successful worker if a subrogated claim is settled before suit and a 33 1/3% fee if the matter requires litigation. See Ind. Code § 22-3-2-13 (1998). The Court of Appeals held, correctly in my view, that this statute means what it says, and that the principles embodied in the comparative fault statute are not applicable to this situation. Barclay v. Universal Underwriters Group, 703 N.E.2d 169 (Ind. Ct. App. 1998).