Skitromo v. Meriden Yellow Cab Co.

The sole issue in this appeal is whether an employer who is obligated to pay workers’ compen*486sation benefits to an injured employee may credit against its future compensation liability the amount recovered by that employee in a third party action despite the employer’s failure to intervene in the third party proceedings in the manner prescribed by General Statutes § 31-293.1 We hold that the employer’s failure to intervene in the third party action deprived it of any interest in the employee’s third party recovery, and that the employer, therefore, is not entitled to credit that recovery…