Following NSP s instructions, Mergen was electrocuted while attempting to repair the electrical connection. Soon thereafter, he filed an injury report with City, his employer, for the purpose of claiming medical expenses and lost compensation under the workers compensation laws. Mergen s Complaint specifically excluded a request for recovery of worker s compensation expense payments incurred by City. In response to City s motion, Mergen filed a Brief in Resistance to such intervention by City and a hearing was held on September 20, 1999. The trial court conditioned City s motion, finding that City could only intervene if it agreed to pay Mergen reasonable costs and attorneys fees.
Statutory interpretation presents a question of law.
Satellite Cable Serv. A trial court's findings of fact are to be reviewed under the clearly erroneous standard. The purpose of intervention is to obviate delay and multiplicity of suits by creating an opportunity to persons directly interested in the subject matter to join in an action or proceeding already instituted. We agree with City s argument that it is not legally permissible to deny or condition an intervenor s right to enter an action. City has an absolute right to intervene, and the trial court had no discretion to condition.