The Supreme Court is considering whether an insurance company has the right to "step into the shoes" of an injured party and sue a third party in negligence.
Frequently work injuries are the results of the negligence of a third party. The injured worker has the right to sue the third party, and the workers' compensation insurance carrier has a right to collect against the third party.
The issue faced by the Supreme Court is whether the workers' compensation insurance company can sue a responsible third party where the injured employee has not done so. The Superior Court ruled that any action against a third-party tortfeasor must be brought by the injured employee.