Liberty Mutual Insurance Co. v. Shoemake

ON WRIT OF CERTIORARI

CHANDLER, Justice,

for the Court:

¶ 1. Ultimately, this ease concerns the proper procedure by which a workers’ compensation insurer may enforce a subro-gation claim arising under Mississippi Code Section 71-3-71. Richard Shoemake was injured in Alabama but received workers’ compensation benefits from Liberty Mutual Insurance Company under Mississippi law. He brought and settled a third-party action in Alabama state court and reimbursed Liberty Mutual only the amount it was entitled to under Alabama law. Liberty Mutual, which knew of but did not join or intervene in the…