Kimbrell v. Paige

LETTS, Chief Judge.

This appeal considers whether an injured employee, who has received workmen’s compensation, can sue a third party tort-feasor for the first time after the passage of three years, although the compensation carrier has, in the second year following the accident, given the thirty day notice of its intention to seek subrogation and has filed an appropriate suit in that same second year. We hold the employee does not have a separate cause of action against the tort-feasor.

A detailing of all the facts would add little to this opinion and we thus restrict ourselves to those…