Available only to employer who has paid or is obligated to make payments under this act. Defendant employer and its insurer are not required to intervene in employee's representative's suit against the tortfeasor within the one year statutory period. Where employer brings action against third person within time limited by statute and employee, within thirty days after institution of suit, has moved to join, fact that motion was filed more than year after tortious act took place would not defeat motion. Demurrer to complaint sustained in third party action by employee against employer's insurance carrier. Duties under workmen's compensation act merge identities of employer and his insurer.
Statute contain no authorization for suit against employee.
Time limitation, within which right must be enforced, is limitation of liability itself and not of remedy alone. Comparative negligence of employee is a defense in an action by an employer against a third party. Employer credit to extent of third party recovery may be awarded by workers' compensation commission. 13a-149 does not bar employer from seeking reimbursement under this section.