United Steelworkers, Local 6115 v. Quadna Mountain Corp.

SIMONETT, Justice.

May an employer bring a subrogation action against a third-party tortfeasor where the employer, who is uninsured, has paid no workers’ compensation benefits to the injured employee? May the Special Compensation Fund, which has paid the benefits the employer has failed to make, bring a subrogation action against the third party? These two questions come to us certified by the trial court. We answer the first question yes and the second question (based on 1978 law) no.

Axel G. Larson was injured in a two-vehicle accident in August 1978. He sued the owner of the other vehicle,…