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McCarty v. Swift Transportation Co.

United States District Court, S.D. Mississippi, Southern Division

February 5, 2018

PHILLIP L. McCARTY PLAINTIFF
v.
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. AND ARCH INSURANCE COMPANY INTERVENORS AND SWIFT TRANSPORTATION COMPANY; JOHN AND JANE DOES A; B; C; D; and E DEFENDANTS

          PHILLIP L. MCCARTY, PLAINTIFF

          CORBAN GUNN, CORBAN GUNN, PLLC ATTORNEY FOR PLAINTIFF

          DAVID C. DUNBAR, G. MARTIN STREET, JR., DUNBARMONROE, PLLC ATTORNEYS FOR DEFENDANT S/DOUGLAS BAGWELL

          DOUGLAS BAGWELL, CARR ALLISON ATTORNEY FOR INTERVENORS

          FINAL JUDGMENT APPROVING THIRD PARTY SETTLEMENT AND WORKERS' COMPENSATION SETTLEMENT PURSUANT TO SECTION 71-3-71 AND SECTION 71-3-29

          LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE

         THIS CAUSE came on this day to be heard before the undersigned District Court Judge for hearing on a Motion for Approval of Third Party Settlement and Workers' Compensation Settlement Pursuant to Section 71-3-71 and Section 71-3-29 of Mississippi Code of 1972, as amended, and the parties appearing herein, and the Court having heard and considered the Motion and having determined that it has full jurisdiction of all of the necessary parties and of the subject matter, is of the opinion that the desired relief should be granted and the Court finds as follows:

         I.

         That on or about March 16, 2015, Phillip L. McCarty was employed by Dollar Tree Stores, Inc. as a Store Manager at an average weekly wage of $750.00. On said date, while acting in the course and scope of his employment, Phillip L. McCarty was assisting with the unloading of merchandise which was delivered by Swift Transportation Company when he fell off the loading dock after one of the drivers for Swift Transportation Company moved the tractor trailer, and Phillip L. McCarty claims to have injured his left knee.

         II.

         Following the accident, Phillip L. McCarty received medical treatment from Dr. Joel Tucker and underwent an arthroscopy of the left knee with partial medial meniscectomy on June 19, 2015 and a left total knee arthroplasty on August 29, 2016. On January 3, 2017, he was placed at maximum medical improvement and assigned a 25% left lower extremity impairment rating by Dr. Tucker, as evidenced by the report of Dr. Tucker attached as Exhibit “A” to the Motion for Approval of Third Party Settlement and Workers' Compensation Settlement.

         III.

         That at the time of the aforementioned accident, Phillip L. McCarty's employer, Dollar Tree Stores, Inc., was insured through Arch Insurance Company, and pursuant to the Mississippi Workers' Compensation Act, the Intervenors, Arch Insurance Company through its TPA, Sedgwick Claims Management Services, Inc., has paid compensation and medical benefits to Phillip L. McCarty in the amount of $74, 832.87 for the injuries incurred by Phillip L. McCarty on March 16, 2015. Dollar Tree Stores, Inc., Employer, Arch Insurance Company, Carrier and Sedgwick Claims Management Services, Inc., TPA, accordingly are subrogated to Phillip L. McCarty's rights to recover from third parties to the extent of $74, 832.87 and future workers' compensation benefits. Nevertheless, in conjunction with the settlement proposed herein, Intervenors, Sedgwick Claims Management Services, Inc. and Arch Insurance Company, have agreed to waive their statutory subrogation lien in consideration for a full and final settlement and general release by Phillip L. McCarty of all claims, including all claims for past and future indemnity and medical payments pursuant to Section 9(i) of the Mississippi Workers' Compensation Act relating to the accident of March 16, 2015, and for other valuable consideration. The Defendant, Swift Transportation Company, has agreed to pay Plaintiff, Phillip L. McCarty, a confidential settlement in full and final settlement of this matter, and the Employer and Carrier/TPA and Intervenors, Dollar Tree Stores, Inc., Arch Insurance Company, and Sedgwick Claims Management Services, Inc., further agree to a full and final settlement of any and all subrogation claims they may have against the Defendant and its insurance carrier. Said confidential third-party settlement will be submitted in camera to the Court at the hearing on this Motion, or as directed by the Court.

         IV.

         Plaintiff, Phillip L. McCarty, has been advised of the precise terms of the settlement and has agreed thereto and understands and appreciates that the proposed settlement would finally terminate all of his claims against the Defendant, Swift Transportation Company, as well as any and all claims for compensation or medical benefits against the Employer, Carrier and TPA, Dollar Tree Stores, Inc., Arch Insurance Company and Sedgwick Claims Management Services, Inc., and has also agreed to execute all appropriate documents, including a general release, stating he and his attorney have agreed to satisfy any and all liens arising out of the afore-described accident, including but not limited to, Medicaid and/or Medicare benefits, health/medical insurance benefits and or attorney fee liens and expenses, so that the Defendant, and Employer, Carrier and TPA will be absolved of any further liability respecting the Mississippi Workers' Compensation Law, Mississippi Law, or any other law. Additionally, ...


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