GRAY INS. CO. v. SALVATIERRA

No. 96-210.

679 So.2d 909 (1996)

The GRAY INSURANCE COMPANY, et al., Plaintiffs-Appellees, v. Pedro E. SALVATIERRA, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied November 22, 1996.


Attorney(s) appearing for the Case

Arthur I. Robison, Lafayette, for The Gray Insurance Company et al.

James T. McManus, Lafayette, for Pedro E. Salvatierra et al.

M. Charles Brandt Jr., for Eldridge Williams.

Orida B. Edwards, Lafayette, for Milton Alexander.

Before SAUNDERS, SULLIVAN, and GREMILLION, Judges.


SULLIVAN, Judge.

The issue presented by this appeal is whether an injured employee who settles his claim with a "third party" tortfeasor without filing suit has a cause of action to recover reasonable attorney fees and costs from the employer who seeks reimbursement for workers' compensation and medical benefits previously paid. The trial court answered this question in the negative, granting the employer's and the workers' compensation insurer's exception of no cause...

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