Egan employee removed from the tank the valves to be repaired, and Berget entered the swirl room and was burned by hot beer spilling from the swirl tank. Berget began a personal injury action against Egan, alleging that Egan’s employee negligently removed the valves. The district court entered summary judgment for Egan on grounds that Egan and MBC were engaged in a common enterprise, Berget had elected to receive workers’ compensation benefits from MBC, and, therefore, Berget’s personal injury action against Egan was barred. Berget appealed. While the appeal was pending, Berget and Egan entered into a Naig settlement, which reserved MBC’s right to recover from Egan workers’ compensation paid and payable to Berget. See Naig v. Bloomington Sanitation, 258 N.W.2d 891, 893-95 (Minn.1977) (<HOLDING>). The appeal was dismissed. Following the Naig
holding that the right of the employerinsurer to subrogation against a tortfeasor must be achieved through a single action brought in the name of the injured employee either by joining the employer or insurance carrier as a party plaintiff or as a use plaintiff holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability holding that injured employee has right to settle with thirdparty tortfeasor claims not covered by minnesota workers compensation act holding that employer retains its subrogation interest when employee settles with thirdparty tortfeasor in personal injury action holding that notwithstanding fact that employer brought suit in its own name pursuant to ocga  349111 c only for the liquidated amount that had been paid to the employee in workers compensation benefits after employee failed to file his own tort action within one year of injury employee was not precluded from bringing his own separate action to recover for personal injuries and loss of consortium but noting that employee received notice of employers suit only after filing his own action suggesting that court in which employers action was pending had wrongly denied the employees motion to intervene to which motion employer had objected noting that if employee had not moved to intervene in other action employees separate action would have been barred by laches and holding that thirdparty tortfeasor could move for mandatory joinder of the employer in the employees action