This section contains the nature of the case and procedural background.

Sourbier (P) was a highway patrol officer who was hit when his parked patrol car was struck from behind by another vehicle. P was paid worker's comp. benefits and then P took an action against the Millers for the injuries he suffered. The State filed a lien for workers' comp. benefits paid and to be paid. The state paid out $13,289.92 in claims and P got a verdict for $22,226 and $6,500 in pain and suffering. The jury found P 20% at fault and eventually judgment was entered for $17,780.80 plus costs and interest. The total comp. benefits were tallied to be $17,305. P filed a petition for declaratory judgment to determine the State's rights in the third-party award; the state had no right to the part of the award for pain and suffering. The lower court agreed with P and also ruled that the comp. claim must be reduced by comparative fault or in this case 20%. This appeal resulted.

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