§10.12 Amount and Items of Recovery

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

G. (§10.12) Amount and Items of Recovery

The damages recoverable by an employee in a third-party action are not altered or affected in any way by the fact that workers’ compensation benefits have been received by the employee. Third parties are not entitled to a credit on their liability in tort to the employee of another for payments made by the employer under the Law. Brouk v. United Wood Heel Co., 145 S.W.2d 475 (Mo. App. E.D. 1940); De Moulin v. Roetheli, 189 S.W.2d 562 (Mo. 1945). Thus, the measure...