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RUSSELL v. BILL HODGES TRUCK CO., INC.

Nos. 54686, 55205.

663 P.2d 724 (1983)

Ernest David RUSSELL, Appellee, v. BILL HODGES TRUCK COMPANY, INC., an Oklahoma Corporation; United Drilling Company, an Oklahoma Corporation; Ken Nichol and Aetna Life & Casualty Company, Appellants, Continental Casualty Company, Liberty Mutual Insurance Company, Employers Casualty Corporation, The Hartford Insurance Group, and The Oklahoma Association of Defense Counsel, Amici Curiae.

Supreme Court of Oklahoma.

May 3, 1983.

Attorney(s) appearing for the Case

King, Roberts & Beeler and Hunt & Dawson by Jake Hunt and Jack Dawson, Oklahoma City, for Ernest David Russell.

Procter, Fleming & Speck by Kent Fleming and Scott M. Rhodes, Oklahoma City, for Aetna Cas. & Surety Co.

Keller, Fernald & Harkey by E.W. Keller, Oklahoma City, for Liberty Mut. Ins. Co.

Foliart, Mills & Niemeyer by David W. Edmonds, Robert B. Mills, Oklahoma City, for Employers Cas. Corp.

Cathcart & Schroeder by W.R. Cathcart, Oklahoma City, for The Hartford Ins. Group.

Pierce, Couch, Hendrickson, Johnston & Baysinger by John R. Couch, Catherine A. Gatchell, Oklahoma City, for Continental Cas. Co.

Oklahoma Ass'n of Defense Counsel by John B. Cooper, Duncan, for Oklahoma Ass'n of Defense Counsel.

DOOLIN, Justice:

The question for resolution may be stated: may a workers' compensation insurance carrier seek reimbursement for paid medical benefits out of a settlement fund received by the claimant who sued a negligent third party?

We answer in the affirmative.

Claimant was injured by a negligent third party. The workers' compensation insurance carrier paid out $121,325.65, mostly in medical expenses. Worker...

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