§10.10 Election of Remedies

• Library: Workers' Compensation Law Deskbook Vol. 2 (2020 Ed.)

E. (§10.10) Election of Remedies

The fact that an employee has filed a claim for and collected compensation benefits from the employer under the Law does not preclude or mitigate against filing an action for damages against one who may be properly termed a “third person” within the meaning of the Law. Bunner v. Patti, 121 S.W.2d 153 (Mo. banc 1938); Anzer v. Humes-Deal Co., 58 S.W.2d 962 (Mo. 1933). The fact that payment has been made under the Law is not a defense in an action against the wrongdoer...