Home/Case Law/Summers v. Command System, Inc.
Regular Panel Decision DecisionRegular Panel Decision

Summers v. Command System, Inc.

Tennessee Supreme Court
MISSING

CompFox AI Summary

This case addresses the employer's and its workers' compensation insurer's liability for attorney's fees and costs in a third-party tortfeasor recovery. Applicant Billy Roger Summers, injured while working for MTD Products, Inc., received workers' compensation benefits from Fireman's Fund and subsequently won a $175,000 judgment against Command Systems, Inc. The trial court denied Summers' attorney, James R. Omer, a fee from the portion of the recovery claimed by MTD and Fireman's Fund through subrogation. On appeal, the Supreme Court reversed, holding that the employee's attorney's fee should be charged against the entire recovery, including the employer's subrogation claim, especially since the employer's counsel did not actively participate in the tort action. The court also overruled prior inconsistent decisions and remanded the case for further proceedings.

Summers v. Command System, Inc. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.

It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.

Full Decision Text1 Pages

This case addresses the employer's and its workers' compensation insurer's liability for attorney's fees and costs in a third-party tortfeasor recovery. Applicant Billy Roger Summers, injured while working for MTD Products, Inc., received workers' compensation benefits from Fireman's Fund and subsequently won a $175,000 judgment against Command Systems, Inc. The trial court denied Summers' attorney, James R. Omer, a fee from the portion of the recovery claimed by MTD and Fireman's Fund through subrogation. On appeal, the Supreme Court reversed, holding that the employee's attorney's fee should be charged against the entire recovery, including the employer's subrogation claim, especially since the employer's counsel did not actively participate in the tort action. The court also overruled prior inconsistent decisions and remanded the case for further proceedings.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Summers v. Command System, Inc. workers compensation case in Tennessee Supreme Court. Legal case summary, ruling, and analysis for attorneys and legal research.

Summers v. Command System, Inc. case law summary from Tennessee Supreme Court. Workers compensation legal decision, case analysis, and court ruling details.

Summers v. Command System, Inc. Case Analysis

Summers v. Command System, Inc. is a legal case related to workers' compensation in Tennessee Supreme Court. This case explains important rulings, legal interpretations, and claim decisions.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.