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Olson v. Blesener9/4/2001
viability.
We also agree with the district court's conclusion that public policy is advanced by encouraging voluntary payments by employers to its injured employee/owners rather than requiring the employee/owner to forgo all payments until resolution of a tort action.
Because we conclude that respondent's entitlement to recover the wages paid is established under the broader theory of subrogation, we decline to address the alternative theory of indemnity here.
DECISION
Respondent was entitled to recover wages it voluntarily paid (reduced by its percentage of liability) to its injured employee during the period of his disability.
Affirmed.
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