Workers’ Compensation: Subrogation Lien-Recoupment of Attorney Fees

Staff Report//October 30, 2024//

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Appellants appealed the trial court’s judgment setting the amounts appellants owed to satisfy respondent’s workers’ compensation subrogation lien. Appellants argued that the trial court erroneously awarded respondent the entire amount of its lien when the law did not permit recovery of attorney’s fees and legal expenses. Appellants further argued that the settlement resulted from a mutual mistake and should be rescinded.

Where appellants waived the issue of mutual mistake, the trial court did not err in calculating the “balance of recovery” by first deducting attorney fees and expenses from appellants’ total award.

Judgment is affirmed.

Wolk v. Grinnell Mutual Reinsurance Co. (MLW No. 82270/Case No. ED112371 – 11 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appeal from circuit court, Ste. Genevieve County, Inman, J. (Joseph T. Neely and Anthony R. Behr for appellant) (Lori Ann Schmidt and Brian K. McBrearty for respondent)