Kerperien v. Lumberman's Mutual Casualty Co.

I

This case involves the subrogation provision of the Missouri Worker’s Compensation Law, section 287.150(3).1 The question is how a post-verdict settlement with a third party affects the subrogation right of an employer (or in this case, the employer’s insurer) for remuneration made prior to the resolution with the third party.

This Court granted transfer after opinion by the court of appeals and has jurisdiction. Mo. Const, aet. V, sec. 10. The trial court’s judgment is affirmed, though modified.

II

The facts are not in dispute. Respondent Roxanne Kerperien was injured in an accident arising…