John Garner Meats v. Ault

Judith Rogers, Judge.

The appellants, John Garner Meats and its insurer, Silvery Companies, appeal from a decision of the Arkansas Workers’ Compensation Commission denying their claim of entitlement to proceeds from a settlement reached by appellee and a third-party tortfeasor. The issue on appeal is whether appellants can claim a lien or credit against the proceeds when they failed to intervene in the third-party action. We affirm ■the Commission’s decision.

On October 2, 1987, appellee, Gerald Ault, was injured during the course and scope of his employment with John Garner Meats. His claim…