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COUNTY WORKERS COMP. POOL v. DAVIS

No. 90SC504.

817 P.2d 521 (1991)

COUNTY WORKERS COMPENSATION POOL, Petitioner, v. Wayne DAVIS, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 7, 1991.

Attorney(s) appearing for the Case

Greengard, Senter, Goldfarb & Rice, Thomas S. Rice, Kris D. Bicknell, Karen Treece Peterson, Denver, for petitioner.

John Gehlhausen, P.C., John Gehlhausen, Darla Scranton Specht, Lamar, for respondent.

McDermott, Hansen, Anderson & Reilly, P.C., Daniel M. Reilly, Denver, for amicus curiae The Colorado Trial Lawyers Ass'n.

Justice QUINN delivered the Opinion of the Court.

The question in this case is whether a workers' compensation insurer that has paid workers' compensation benefits to a worker for injuries sustained in the course of employment may be assessed a portion of the worker's attorney fees and court costs incurred in prosecuting a tort claim against the person who caused the worker's injuries when the tort claim is settled for an amount in excess of the insurer's liability...

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