attorney fee. After the expenses and attorney fee have been paid, the balance of the recovery shall be apportioned between the employer and the employee or his dependents in the same ratio that the amount due the employer bears to the total amount recovered if there is no finding of comparative fault on the part of the employee, or the total damages determined by the trier of fact if there is a finding of comparative fault on the part of the employee. We agree with SVC that section 287.150 “provides employers a subrogation interest in an employee’s recovery against a third person who is liable to that employee for a physical injury.” ATS, Inc. v. Listenberger, 111 S.W.3d 495, 498 (Mo.App. E.D.2003). In its brief, however, SVC does not cite any authority holding that S.D.1992) (<HOLDING>). SVC’s alternative claim is that it proved its
holding that a motion to intervene was permitted even though the intervenor filed her motion eighteen days before trial where the intervenor herself could have brought an independent action to seek the same relief as she was within the twoyear statute of limitations commencing on the date of her automobile accident holding that an appeal from a denial of a motion to intervene as a matter of right is allowed under rule 2a2 holding that rule 5212a1 was inapplicable because the wouldbe intervenor failed to show that any missouri statute unconditionally authorized it to intervene as a matter of right holding that a wouldbe intervenor was not entitled to intervene on the basis of rule 5212a1 where she failed to show that any missouri statute conferred upon her an unconditional right to intervene holding that a motion to intervene is not dispositive of a claim or defense of a party