Cartwright v. Coca-Cola Refreshments USA Inc, 1:15-CV-00115 BSM. (2017)
Court: District Court, E.D. Arkansas
Number: infdco20171117917
Visitors: 15
Filed: Nov. 16, 2017
Latest Update: Nov. 16, 2017
Summary: ORDER BRIAN S. MILLER , Chief District Judge . Plaintiff Sandra Cartwright's motion to approve a settlement [Doc. No. 66] is granted and defendants' motion for summary judgment [Doc. No. 55] is denied as moot. Arkansas's workers' compensation statute requires that settlements of certain claims must be approved by a court or the Arkansas Workers' Compensation Commission when those claims involve possible subrogation by employers and third-party insurers. See Ark. Code Ann. 11-9-410(c)(
Summary: ORDER BRIAN S. MILLER , Chief District Judge . Plaintiff Sandra Cartwright's motion to approve a settlement [Doc. No. 66] is granted and defendants' motion for summary judgment [Doc. No. 55] is denied as moot. Arkansas's workers' compensation statute requires that settlements of certain claims must be approved by a court or the Arkansas Workers' Compensation Commission when those claims involve possible subrogation by employers and third-party insurers. See Ark. Code Ann. 11-9-410(c)(1..
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ORDER
BRIAN S. MILLER, Chief District Judge.
Plaintiff Sandra Cartwright's motion to approve a settlement [Doc. No. 66] is granted and defendants' motion for summary judgment [Doc. No. 55] is denied as moot.
Arkansas's workers' compensation statute requires that settlements of certain claims must be approved by a court or the Arkansas Workers' Compensation Commission when those claims involve possible subrogation by employers and third-party insurers. See Ark. Code Ann. § 11-9-410(c)(1). The law requires that interested third parties be afforded "reasonable notice and opportunity" to intervene and assert a right to a lien on recovered proceeds. Id. §§ 11-9-410(a)(1)(A), (a)(1)(B). Moreover, three days' written notice of a proposed settlement must be given to all interested parties. Id. § 11-9-410(c)(3).
Plaintiffs gave written notice of this proposed settlement to all interested third parties on October 30, 2017. Doc No. 66, -6. No third party has asked to intervene or objected to the settlement and the time for doing so has passed. See also Northwest Arkansas Area Agency on Aging v. Golmon, 15 S.W.3d 363, 366-67 (Ark. Ct. App. 2000). The settlement is therefore approved.
IT IS SO ORDERED.
Source: Leagle
