Procedure: Intervention

Baarson v. Montana State Fund [6/2/03] 2003 MTWCC 39 Where the beneficiaries of the decedent are pursuing both death benefits under the Workers' Compensation Act and a civil action against the employer, the employer will be allowed to intervene where it alleges that the beneficiaries are using the Workers' Compensation Court action for discovery in the civil matter without the participation of the employer, the employer's defense in the civil action may rely on facts and law common in the Workers' Compensation Court case, and the insurer is doubtful it can adequately protect the employer's interests in light of its own independent duties to injured workers.