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Anthem Casualty Ins. Co. v. Murray

Given the conflicting evidence as to whether the employee was fully compensated for his catastrophic on-the-job injuries, the worker's compensation insurer was not entitled to summary judgment on its subrogation lien against the employee's personal injury award.

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Anthem Casualty Insurance Company asserts a subrogation lien against a $1.5 million jury verdict recovered by its insured, Barry Murray, against General Manufactured Housing, Inc. “GMH”. Anthem sued both Murray and GMH for reimbursement of workers’ compensation benefits Anthem paid to Murray. The trial court granted summary judgment in favor of both defendants. Anthem appeals the grant of summary judgment in favor of Murray in Case No. A00A1501 and in favor of GMH in Case No. A00A2304. As both cases involve the same operative facts, we have consolidated them on appeal. We now affirm in part and reverse in part for reasons which follow.

The relevant facts are not in dispute. Murray was injured on July 21, 1994, when he fell through a skylight on the roof of GMH’s manufacturing plant during the course of his employment with Murray Plumbing Co.1 His employer’s workers’ compensation insurance carrier, Anthem, began paying him workers’ compensation benefits. Murray and his wife sued GMH for personal injuries and loss of consortium. Murray then entered into an agreement with Anthem under which he recognized that Anthem would have a subrogation lien pursuant to OCGA § 34-9-11.1 if he recovered from GMH, and he agreed not to settle his claims without Anthem’s approval. In return, Anthem agreed not to intervene in the lawsuit.

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