183 Ga. 383 | Ga. | 1936
This is an action by a compensation insurance carrier to enjoin the payment' of the consideration of an agreed settlement to an injured employee by a third party tortfeasor. It is sought to impound in court the fund arising from such settlement until a judgment for recovery of the fund for the injured employee can be had by the compensation carrier against which an award of compensation was made in favor of the employee. Insolvency of the injured employee is alleged. The court dismissed the suit on demurrer. The plaintiff excepted. The one question for adjudication is whether or not a compensation carrier claiming subrogation under the Code, § 114-403, may prevent the consummation of a settlement between an injured employee and a third person tort-feasor, by enjoining the payment of the agreed consideration for the settlement, and impound such fund in court pending the outcome of a suit by the compensation carrier against the employee and the tort-feasor, or either of them.
In order to determine the issue made in this case, this court must construe that part of the workmen’s compensation law contained in the Code, § 114-403. That section contains two separate provisions applicable to two different sets of facts. The first sentence provides: “When an employee receives an injury for which compensation is payable under this title [workmen’s compensation], which injury was caused under circumstances creating a legal liability in some person other than the employer to pay dam
In Murphy v. Holman, 179 Ga. 329 (176 S. E. 5), compensation was awarded against the employer for injury (death) resulting from the negligence of a third person. The person entitled to compensation did not sue the tort-feasor, but it was held by this court that the employer could sue in the name of such person to recover from the tort-feasor, being subrogated under the statute to recover the amount as damages which it had paid under the
Judgment reversed.