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Article: Trott v. Brinks and reimbursement: why Alabama's third-party statute should be amended.
- Article from:
- Jones Law Review
- Article date:
- September 22, 2007
- Author:
CopyrightCOPYRIGHT 2007 Thomas Goode Jones School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
In Trott v. Brinks, Inc., the Alabama Supreme Court held that a workers' compensation insurer was not entitled to subrogation of medical benefits in a third-party wrongful-death suit because the deceased employee's estate was not entitled to recover medical benefits in a wrongful-death action. (1) Though the court properly applied the doctrine of equitable subrogation to reach its holding, Alabama's poorly worded third-party credit statute led to an unforeseen consequence. Before 1992 the statute did not grant a right of reimbursement to employers who paid medical expenses pursuant to workers' compensation laws. In 1992, the legislature amended the ...
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