Overend v. Elan I Corp.

MeKUSICK, Chief Justice.

This appeal presents a novel question closely akin to the issue resolved in Liberty Mutual Insurance Co. v. Weeks, Me., 404 A.2d 1006 (1979). The question here is whether an injured worker may proceed against his employer under the Workers’ Compensation Act despite his having already settled his claim against a third party tortfeasor arising out of the same injury. By applying the principles declared in Weeks and giving the Act the liberal reading mandated by 39 M.R.S.A. § 92 (Supp. 1981), we hold that the employee may so proceed, any award conferred under the Act to…