Weed et al v. Domtar Corporation et al

Filing 39

AGREED ORDER whereby the claimant will pay NARS $5,000 dollars in full satisfaction of any subrogation lien. The parties acknowledge that this order does not affect any claim for future workers compensation benefits of any sort in any way. Upon execution of this order Plaintiff agrees to pay$5,000 dollars to NARS, as set forth. Signed by Honorable Harry F. Barnes on August 25, 2011. (mfr)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOHN WEED and DAWN WEED vs. PLAINTIFFS Cause No. 10-CV-4062 DOMTAR A.W., LLC DEFENDANT AGREED ORDER Come now Plaintiffs, Defendant and North American Rail Services and its insurer and request that this court enter the following agreed order: 1. Plaintiff John Weed (hereinafter plaintiff) was injured on April 15, 2010. He sustained severe injuries including a right lower leg amputation, injuries to the left leg, and several fractures of the spine, ribs, and clavicle. 2. A claim for workers compensation benefits was accepted as compensable by his employer North American Rail Services and its insurer (hereinafter collectively referred to as NARS) and the Plaintiff received and is currently receiving workers compensation benefits for indemnity and medical treatments. 3. Plaintiff has settled a third party liability claim and contends that he was not made whole. NARS has asserted a lien in the amount of $313,645.00 dollars. Plaintiffs, Defendant and NARS agree that the settlement did not make Plaintiff whole. 4. Plaintiff has agreed to pay NARS $5,000 dollars from the third party settlement in lieu of a hearing on the issue of whether he was made whole or not. This is a total compromise of any subrogation lien or claim whatsoever by NARS against the third party settlement, plaintiffs, defendant, their attorneys, heirs or assigns. 5. Plaintiff is still eligible for continuing workers compensation benefits and this agreed order does not preclude the claimant from asserting his entitlement to all future workers compensation benefits regarding this injury. This includes but is not limited to permanent total disability and all future medical benefits. 6. All issues not addressed herein are specifically reserved. Wherefore, the Plaintiffs, Defendant and NARS are requesting that this court enter this order whereby the claimant will pay NARS $5,000 dollars in full satisfaction of any subrogation lien. The parties acknowledge that this order does not affect any claim for future workers compensation benefits of any sort in any way. Upon execution of this order Plaintiff agrees to pay $5,000 dollars to NARS. It is so ordered this 25th day of August, 2011. /s/ Harry F. Barnes HARRY F. BARNES UNITED STATES DISTRICT JUDGE RYBURN LAW FIRM _/s/Michael E. Ryburn_______________ Michael E. Ryburn, 10825 Financial Centre Parkway 136 Little Rock, AR 72211 501-228-8100 501-228-7300 fax For NARS HOLLAND, GROVES, SCHNELLER & STOLZE, LLC /s/Steven L. Groves, #40837 /s/ Eric D. Holland, #39935 300 N. Tucker, Suite 801 St. Louis, MO 63101 314-241-8111 314-241-5554 fax For Plaintiffs LASER LAW FIRM, P.A. BARBER LAW FIRM /s/Joseph Cotton Cunningham, #97238 101 S. Spring Street, Suite 300 Little Rock, AR 72201-2488 501-376-2981 ccunningham@laswerlaw.com For Defendant /s/ Gail Ponder Gaines 2700 Regions Center 400 West Capitol Avenue Little Rock, AR 72201 501-372-6175 ggaines@barberlawfirm.com For Defendant

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?