The three men on the Supreme Court, over the dissents of the two women, gave money to an insurance company instead of an injured worker. Gender difference or capital over labor?

Ryan Monroe and 5 others were working for Four Seasons Roofing Co. when a negligent driver crashed into them causing severe injuries. Worker's compensation insurance, with York Ins. Co., covers only medical bills and lost wages (economic damages). York had the right to be reimbursed for payments if the workers would have a double recovery from other insurance. Fortunately, Four Seasons had underinsured motorists insurance in the amount of $450,000, and the negligent driver had $50,000 coverage. This insurance could compensate the workers for pain, suffering, and loss of enjoyment of life - non-economic damages.

York and the workers agreed to divide the $50,000 one third to York, remainder to workers. How about the $450,000? The workers agreed each should get $75,000. Everyone but Monroe agreed to pay York something back. Monroe said, and York agreed, that his non-economic damages far exceeded the economic damages paid by York.

York insisted it should get a share of Monroe's $75,000 equal to a fraction with the numerator being the amount it paid, and the denominator being the total amount a jury awarded Monroe for all his damage. This would require Monroe to go through a jury trial at his expense to have the total award determined just to figure how much of the $75,000 York would get.

York insisted it should get a share of Monroe's $75,000 equal to a fraction with the numerator being the amount it paid, and the denominator being the total amount a jury awarded Monroe for all his damage. This would require Monroe to go through a jury trial at his expense to have the total award determined just to figure how much of the $75,000 York would get.

Chief Justice Reiber, Retired former Chief Justice Allen, both of whom were lawyers working for insurance companies before going on the bench, and Justice Dooley agreed with York. This decision is yet another in which Justices Skoglund and Johnson have fought for the "little guy." But in this contest between David and Goliath, Goliath won! Progressive Ins. Co. v. Estate of Keenan et al 2007 Vt. 86.