Milbrandt v. Bibb’s, Inc.
Annotate this CaseEmployee was injured in an automobile accident during the course of his employment with Employer. Employer and its Insurer paid workers’ compensation benefits. Employee subsequently settled a claim against the other driver involved in the accident. From that settlement, Employee reimbursed Insurer for the workers’ compensation benefits already paid out at the time of the settlement. The remaining amount of the settlement was determined to be “like damages” for which Employer and Insurer would receive an offset against future medical expenses related to the work injury. Thereafter, Employee submitted bills for ongoing care related to the work injury to his insurers, which paid the bills. Employee then filed a petition requesting workers’ compensation benefits. Employer and Insurer denied benefits, asserting that the amounts paid by other insurers could not be used to reduce the offset against future medical expenses. An administrative law judge and the circuit court concluded that medical expenses paid by Employee’s insurance were properly used to reduce the offset. The Supreme Court affirmed, holding that although Employee’s insurance paid medical bills resulting from his compensable injury, those payments were properly considered to reduce the offset because Employee would otherwise be entitled to receive compensation for those expenses.
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