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Liberty Mut. Ins. Co. v. Johnson

Because the right to a jury trial does not apply to subrogation liens created under the workers' compensation statute, the workers' compensation insurer and the decedent's employer were not entitled to a trial on the issue of whether the plaintiffs were fully and completely compensated for the decedent's death.

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The questions on appeal are threefold. First, on a motion to recuse, is the accompanying affidavit legally sufficient where it alleges that the bias of the judge arises from having previously ruled on an issue that is now before the judge again Second, when pursuing its subrogation rights, is a workers’ compensation insurer entitled to a jury trial on the question of whether the injured employee has been fully and completely compensated under OCGA § 34-9-11.1 b And third, did the insurer’s evidence here mandate as a matter of law that a settlement of $3.2 million plus approximately $500,000 in workers’ compensation benefits fully and completely compensated the estate of the quadriplegic employee now deceased and his family Because we answer each of these questions in the negative, we affirm the trial court’s judgment against the insurer.

As the result of an auto collision, Herbert Earl Johnson experienced severe and disabling injuries, including quadriplegia, loss of control of his bladder and bowels, and multiple fractures and dental injuries. Because the collision occurred while he was working for Mitchell Construction Company, he received nearly $500,000 in workers’ compensation benefits from Liberty Mutual Insurance Company. Within sixteen months of the collision, he died. His estate and family sued the parties responsible for the collision for $7.5 million, asserting claims of negligence, wrongful death, and loss of consortium.

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