Robert Terry Moore v. The Town of Collierville, et al

In this workers’ compensation appeal, we must determine whether an employer is liable to a health insurer who paid necessary and reasonable medical expenses incurred by an employee but did not intervene in the workers’ compensation claim to protect its interest. Although the trial court found that the treatment was necessary and reasonable, it further found that the employer was not liable for the medical expenses paid by the employee’s health insurer because the insurer failed to intervene and prove its interest. The employee appealed to the Special Workers’ Compensation AppealsPanel, which transferred the case for full Court review without a recommendation. After reviewing the record and applicable authority, we have determined that the employer is liable to the employee’s health insurer for all reasonable and necessary medical expenses and that the health insurer is not required to intervene in the workers’ compensation suit. Because the record does not fully develop the nature and extent of the expenses paid by the health insurer, we remand to the trial court for that purpose and further action consistent with this opinion.