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This case addresses the employer's and its workers' compensation insurer's liability for attorney's fees and costs in a third-party tortfeasor recovery. Applicant Billy Roger Summers, injured while working for MTD Products, Inc., received workers' compensation benefits from Fireman's Fund and subsequently won a $175,000 judgment against Command Systems, Inc. The trial court denied Summers' attorney, James R. Omer, a fee from the portion of the recovery claimed by MTD and Fireman's Fund through subrogation. On appeal, the Supreme Court reversed, holding that the employee's attorney's fee should be charged against the entire recovery, including the employer's subrogation claim, especially since the employer's counsel did not actively participate in the tort action. The court also overruled prior inconsistent decisions and remanded the case for further proceedings.
Summers v. Command System, Inc. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
This case addresses the employer's and its workers' compensation insurer's liability for attorney's fees and costs in a third-party tortfeasor recovery. Applicant Billy Roger Summers, injured while working for MTD Products, Inc., received workers' compensation benefits from Fireman's Fund and subsequently won a $175,000 judgment against Command Systems, Inc. The trial court denied Summers' attorney, James R. Omer, a fee from the portion of the recovery claimed by MTD and Fireman's Fund through subrogation. On appeal, the Supreme Court reversed, holding that the employee's attorney's fee should be charged against the entire recovery, including the employer's subrogation claim, especially since the employer's counsel did not actively participate in the tort action. The court also overruled prior inconsistent decisions and remanded the case for further proceedings.
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