Twin City Fire Insurance Company, Plaintiff/counter-Defendant/appellee v. Graciela Leija…

Summary

The court held that a claimant who settles all third-party claims may not obtain a later trial to determine employer fault solely to reduce or eliminate a workers' compensation carrier's statutory lien. The equitable-apportionment rule applies when damages and fault are fixed by a verdict, not when the claimant's recovery is established by settlement. The court affirmed summary judgment for the carrier on both lien enforcement and the bad-faith claim because the claimant had no entitlement to post-settlement apportionment and had not preserved or argued a basis for overturning judgment on bad faith.