Supreme Court of Colorado

Delta Air Lines, Inc. v. William Scholle

April 12, 2021484 P.3d 695

Summary

The court held that when a workers' compensation insurer settles its subrogation claim against a third-party tortfeasor, the injured employee's claim for past medical expenses covered by workers' compensation is extinguished. Because no viable medical-expense claim remained, the collateral-source rule did not apply and evidence of billed or paid medical expenses was unnecessary. Justice Gabriel, joined by Justices Hood and Berkenkotter, dissented, concluding that the employee retained a claim for amounts exceeding the insurer's payments, subject to a setoff.