Whitehead Anderson, Inc. v. . Branch

The single question presented by this appeal is whether the insurance carrier and the employer, under the Workmen’s Compensation Act, may maintain' an action in their own names, alone, against an independent tort-feasor for the wrongful death of an employee where compensation has been paid or liability therefor assumed by the insurance carrier. Must the suit be brought by the administrator of the employee whose death is alleged to have been caused by the negligence of third parties?

The facts pertinent to this question are not controverted. Bonnie Taylor, an employee of plaintiff Whitehead &…