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IZAGUIRRE v. R & L CARRIERS SHARED SERVICES

No. 39750.

308 P.3d 929 (2013)

Rubio IZAGUIRRE, Claimant-Appellant, v. R & L CARRIERS SHARED SERVICES, LLC, Employer Zurich American Insurance Co., Surety, Defendants-Respondents.

Supreme Court of Idaho, Boise, June 2013 Term.

August 30, 2013.

Attorney(s) appearing for the Case

Richard S. Owen , Nampa, argued for appellant.

Elam & Burke, Boise, for respondents. Jon Bauman argued.

J. JONES, Justice.

This Industrial Commission appeal deals with the extent of subrogation rights of an employer or its surety. The claimant, Rubio Izaguirre, settled with a third-party tortfeasor following a work-related automobile accident. His employer and surety asserted a right of subrogation against the entirety of that settlement, minus only a deduction for attorney fees and costs. Izaguirre argued that subrogation rights should extend only to damages that workers...

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