Furthermore, the "Exclusions" B. 1. a. provision does not provide relief for Safeco because, as Hudson correctly points out, the workers' compensation carrier will be unable to recover for any UM benefits paid. Stewart v. Auto-Owners Ins. Co., 230 Ga. App. 265, 268 ( 495 S.E.2d 882) (1998). Thus, Safeco's coverage cannot benefit the workers' compensation carrier.
Although Thomas also received compensation from his uninsured motorist carrier, "nothing in the statutory scheme authorizes an insurer to assert a subrogation right against an injured person's uninsured motorist benefits." Stewart v. Auto-Owners Ins. Co., 230 Ga. App. 265, 268 ( 495 S.E.2d 882) (1998). Where, for example, the employee's weekly wages exceeded the amount of the workers' compensation weekly benefit actually received, the employer would not be allowed to recover the weekly benefits paid unless and until such time as the employee has been compensated for the difference between the workers' compensation weekly benefit actually received and the employee's normal weekly wage.
Here, Ferguson's acceptance of the $50,000 policy limit from her uninsured motorist coverage carrier did not in any way preclude Pinkerton's from pursuing Sims in recovering any worker's compensation benefits it pays to Ferguson. See also, e.g., Stewart v. Auto-Owners Ins. Co., 230 Ga.App. 265, 495 S.E.2d 882, 885 (1998) ("[P]ayments made by the insurance company under [an uninsured motorist] policy are not payments by or on behalf of the uninsured-motorist tortfeasor, and do not affect the uninsured motorist's liability to pay the damages recovered in the lawsuit against him."). Therefore, we conclude that the trial court correctly determined that, under Indiana Code ยง 22-3-2-13, Ferguson had not settled her claim against Sims such that her entitlement to any further worker's compensation benefits terminated.
for the damages; and (2) the second provision states that the workers' compensation carrier either: (a) is subrogated to or has a lien against any recovery in such an action; (b) is entitled to a credit for the amount of such recovery; or (c) may pursue the claim against that person or party. See, e.g., Silvera v. Employers Ins. Co. of Nevada, 40 P.3d 429 (Nev. 2002) (employee may recover damages from person with a legal liability and insurer can bring action against the person so liable to pay damages and is subrogated to rights of injured employee to recovery); Jeneary v. Commonwealth, 551 S.E.2d 321 (Va. 2001) (Fund subrogated to any right to recover damages which injured employee has against any other party for such injury); American Red Cross v. Workers' Comp. Appeal Bd., 745 A.2d 78 (Pa.Commw.Ct. 2000) (employer subrogated to right of employee against third party where employee's compensable injury is caused by act or omission of a third party), aff' d, 766 A.2d 328 (Pa. 2001); Stewart v. Auto-Owners Ins. Co., 495 S.E.2d 882 (Ga.Ct.App. 1998) (injured employee may pursue remedy against person legally liable for injury and employer or employer's insurer has subrogation lien against such recovery); River Gas Corp. v. Sutton, 701 So.2d 35 (Ala.Civ.App. 1997) (employee may bring action against any party other than employer who has legal liability for damages and amount of damages recovered and collected are credited against employer's liability for compensation); Dodd v. Middlesex Mut. Assur. Co., 698 A.2d 859 (Conn. 1997) (either employee or employer may proceed at law against third person with legal liability to pay damages for injury and damages are apportioned to give precedence to claim of employer); Terry v. State Farm Mut. Automobile Ins. Co., 677 N.E.2d 1019 (Ill.App.Ct. 1997) (employer entitled to receive compensation paid from amount employee receives from person who has legal liability to pay damages); Yaakub v. Aetna Cas. Sur. Co., 882 S.W.2d 743 (Mo.Ct.App. 1994) (employer subrogated to rights of employee agains