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Delta Air Lines, Inc. v. Scholle.

2021 CO 20. No. 19SC546. Workers’ Compensation—Subrogation—Collateral Source Doctrine.

April 12, 2021


The Supreme Court held that a settlement between a workers’ compensation insurer and a third-party tortfeasor for all past medical expenses paid as a result of an on-the-job injury extinguishes the plaintiff-employee’s claim to recover damages for those past medical expenses from the third-party tortfeasor. Because the injured employee need not present evidence of either billed or paid medical expenses in the absence of a viable claim for such expenses, the collateral source rule is not implicated.

The Court reversed the judgment of the division below and remanded the case for further proceedings consistent with this opinion.

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