Soliday v. Hires Turner Glass Co.

Opinion by

Gunther, J.,

This is a Workmen’s Compensation ease where the injury was caused by the negligence of a third party. A settlement was made with the third party after compensation payment had been made. The question before us is- whether the employer is liable for the prorata share of the fees based, not only upon the amount repaid, but also on the amount credited, to the employer on account of contingent liability for future installments of compensation?

The employee was injured on July 28, 1953 and received compensation for total disability under an open agreement to May 3, 1955. On…