Labor and Employment Law Section

The Tennessee Supreme Court affirmed two prior rulings in which it held an employer’s subrogation right against an employee’s recovery from a third party in a negligence case does not include the amount of future medical benefits be provided to the employer. In Joshua Cooper v. Logistics Insight Corp., Cooper sought workers compensation benefits from his company MasterStaff after being assigned to work at ProLogistics, Inc and being injured by a ProLogistics employee. After winning his negligence case against ProLogistics, Cooper reimbursed MasterStaff for the medical expenses paid on his behalf. MasterStaff then asserted that the settlement did not dispose of all the claims regarding future medical expenses.