United States Eighth Circuit

In a case involving application of Indiana's lien reduction statute to defendant's worker's compensation subrogation lien on proceeds from a third-party settlement reached by plaintiff-former employee, decision to apply Indiana state law rather than Arkansas' made-whole doctrine is affirmed in part, reversed in part, and remanded where: 1) court did not believe the Arkansas Supreme Court would automatically apply the law of the state where the worker's compensation benefits were paid; 2) if faced with a choice-of-law question involving a dispute over worker's compensation subrogation rights, court predicted Arkansas Supreme Court would follow the district court's judgment in Simpson v. Liberty Mut. Ins. Co. in which defendant-worker's compensation carrier for employer was entitled to the proceeds in dispute; and 3) the lien reduction statute did not apply to defendant's lien and the district court erred in applying it.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

Court

• United States Eighth Circuit

Counsel