Kimmer v. Murata of America, Inc.

ANDERSON, J.:

In this workers’ compensation action, Richard Kimmer sought benefits for an alleged work injury. Before filing his workers’ compensation claim and without notifying his employer-carrier (collectively Murata), Kimmer settled a third party claim for the liability policy limit. The single commissioner concluded Kimmer elected his remedy by failing to notify Murata, and his workers’ compensation claim was barred. The Appellate Panel adopted the single commissioner’s conclusion. Kimmer appealed to the circuit court, which reversed the Appellate Panel and awarded Kimmer total…