Durniak v. August Winter & Sons, Inc.

Our statutes permit an injured employee to pursue a personal injury action against a third party tortfeasor, even though the employee’s exclusive remedy against his employer is the recovery of workers’ compensation benefits. General Statutes §§ 31-284 (a)1 *777and 31-293 (a).2 The issue in this case is whether the third party tortfeasor may raise the negligence of the employer as a special defense when the employer has intervened in the personal injury action as party plaintiff in order to secure the employer’s statutory right to reimbursement of workers’ compensation benefits.

*778The plaintiff,…