If Walmart did not recoup, the employee would get a windfall. The medical expenses were paid by walmart and the employee got reimbursed for the expenses by the trucking company.

This is standard in all insurance contracts. If you get in an accident and your car damage is paid by your insurance, and you go and sue the other driver and win, do you think you should be able to keep the money? If you could keep the money, you would have a repaired car and cash in your pocket intended to pay for repairing your car.

Courts are there to make you whole, not to give you a windfall.

As the contract stipulated, Wal-Mart has the right to re-coup if a third party is sued. Wal-Mart is of course the Corporate Anti-Christ and you couldn't pay me to shop there. I have NEVER met a Wal-Mart employee who liked working there.

Walmart was following the terms of the policy or contract. They have since dropped the issue and are researching revisions to the policies.

Wal-mart should just forget about the lawsuit and help her out.

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