McArthur v. Glass King Manufacturing, Inc.

Rees, J.:

Appellant Workers’ Compensation Fund appeals from an order of the district court overruling the Fund’s motion to dismiss on the ground respondent Glass King Manufacturing, Inc., failed to preserve the issue of Fund liability in respondent’s settlement with claimant Gary L. McArthur. We dismiss.

McArthur was injured on September 18, 1981, while in the employ of Glass King. McArthur filed a claim for compensation, and Glass King and its insurance carrier, Aetna Life & Casualty, properly impleaded the Workers’ Compensation Fund. McArthur and Glass King then settled the claim at a…