United States Eighth Circuit

Settlement between employee and tortfeasor, which settled around employer's lien for recovery of workers' compensation benefits paid to employee, upheld; "settle around" doctrine was not undercut by Arkansas legislative amendments, and state case law allows settlements that settle around employers' liens so long as employers' subrogation rights are preserved.

Appellate Information

• Decided 03/27/2002
• Published 03/27/2002

Judges

• MURPHY, Circuit Judge., Before LOKEN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Douglas M. Carson, Fort Smith, AR, for appellant., Floyd M. Thomas, Jr., El Dorado, AR, Gary D. McDonald, El Dorado, AR, on brief, for Bobby and Delores Smith.


• For Appellees:
  
• David M. Donovan, Little Rock, AR, Richard N. Watts, Dawn R. Guthrie, on brief, for appellee Chemical Leaman Tank Lines.