Employers Mutual Casualty Co. v. State

Section 29 of the Compensation Act, upon which this claim is brought, provides a remedy whereby the employer, or, as in this case, the Insurer, may sue a third party for damages caused by circumstances creating a legal liability against the third party for injuries to an employee, where the injuries were not proximately caused by the negligence of the employer or his employees, and where such person, as here, was under the-Compensation Act.

It is urged by respondent in its motion to dismiss that compensation was not fixed or determined.

Respondent’s motion necessarily implies, although not…