Larsen v. Vaid

In a personal injury case that involved a concurrent workers’ compensation claim, intervenor appealed from the judgment of the trial court finding it responsible for 100 percent of the costs and expenses that the plaintiff incurred in reaching a settlement agreement with the defendant. Intervenor, the workers’ compensation lienholder, argued that the trial court miscalculated the share of costs and expenses under the Workers’ Compensation Act because it only received 75 percent of the total settlement after making its statutorily required payment of 25 percent of the settlement amount for attorney fees. The appellate court affirmed, finding that the trial court properly calculated intervenor’s reimbursement where it was fully reimbursed by the plaintiff’s settlement in the personal injury lawsuit. (VAN TINE and McBRIDE, concurring)