YANCEY v. B & B SUPPLY

No. CA 04-684.

213 S.W.3d 657 (2005)

Jerrell YANCEY, Appellant v. B & B SUPPLY and Federated Mutual Insurance Co., Appellees.

Court of Appeals of Arkansas, Division III.

September 21, 2005.


Attorney(s) appearing for the Case

Frederick S. Spencer, P.A., Mt. Home, for appellant.

Rieves, Rubens & Mayton, by: Eric Newkirk, Little Rock, for appellees.


LARRY D. VAUGHT, Judge.

Jerrell Yancey appeals the decision of the Workers' Compensation Commission finding that he had been made whole by the proceeds of a third-party lawsuit and that appellees, B & B Supply and Federated Mutual Insurance Company, were entitled to subrogation pursuant to Ark.Code Ann. § 11-9-410 (Supp.2005). We reverse the decision of the Commission and remand for an award of benefits.

On August 24, 1999, Yancey worked as a truck...

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