§10.15 Who May Bring or Intervene in a Third-party Action

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

B. (§10.15) Who May Bring or Intervene in a Third-Party Action

The third-party action may be appropriated by either the employee or the employer, or it may be maintained by both jointly. Veninga v. Liberty Mut. Ins. Co., 388 S.W.2d 535 (Mo. App. E.D. 1965). The suit is generally brought in the name of the employee when the employee’s consent is obtained. Otherwise, the suit is brought in the name of the employer or insurer. Neither party can compel the other to bring the action, and the common-law right of the employee to sue for his or her personal injury is not impaired by § 287.150, RSMo 2016. A third party sued by an employee may not claim res judicata because of an employer’s failure to assert its subrogation claim as a compulsory counterclaim. Penn v. Columbia...