Kerry Simmons v. Cornerstone Investments, LLC

Summary

The court held that a plaintiff injured in the course of employment may present evidence of medical expenses actually paid through workers’ compensation, but may not present the additional amounts written off under the workers’ compensation reimbursement schedule. The written-off amounts were not a collateral source because the plaintiff neither paid nor owed them, and allowing recovery would create a windfall rather than compensate an actual loss. The court therefore affirmed the lower courts’ rulings on the competing motions in limine.