§10.11 Defenses
| Library | Workers' Compensation Law Deskbook Vol. 2 (2020 Ed.) |
F. (§10.11) Defenses
The defenses available to an alleged tortfeasor in a third-party action are not altered by the fact that workers’ compensation is involved. Thus, the employee’s comparative fault, while not defeating the right to workers’ compensation, may limit recovery against a negligent third party. Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983).
The concurrent or contributory negligence of the employer is “wholly immaterial” when offered as a defense by the third party or in diminution of the...
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