EX PARTE LEWIS

1940726.

667 So.2d 104 (1995)

Ex parte William R. LEWIS; and Pate, Lewis & Lloyd. (Re ALABAMA FOREST PRODUCTS INDUSTRY WORKMEN'S COMPENSATION SELF-INSURER'S FUND v. Betty Faye LUCAS; William R. Lewis; and Pate, Lewis & Lloyd).

Supreme Court of Alabama.

July 21, 1995.


Attorney(s) appearing for the Case

F. Chadwick Morriss and N. Wayne Simms, Jr. of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Petitioners.

J. Doyle Fuller, Montgomery, J. Haran Lowe, Jr., Birmingham, and John W. Sharbrough, Mobile, for Respondents.


SHORES, Justice.

There is no statutory duty on the part of the attorney representing an injured worker in a third-party case to protect the subrogation rights of the workers' compensation carrier. Unless there is an express agreement to protect the interests of the subrogated carrier, no duty to do so exists.

In denying the certiorari petition, we reject that language in the opinion of the Court of Civil Appeals that arguably would permit a factfinder to find...

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