Dean's Well Service v. Lane

MEMORANDUM OPINION

JONES, Judge:

The questions to be resolved in this review are whether the Workers’ Compensation Court had jurisdiction to add a previ*766ously dismissed party, and whether the Court’s findings were supported by competent evidence. We construe the issue in this case as whether a secondarily liable employer becomes liable to pay workers’ compensation benefits to a claimant when the primarily liable employer files bankruptcy and the first insurance carrier proves to be non-existent. We answer in the affirmative.

On June 8, 1989, after suffering an accidental injury to his back and…