Jackson Cookie Co. v. Fausett
In Jackson Cookie Co. v. Fausett, 17 Ark. App. 76, 703 S.W.2d 468 (1986), the Court held that in situations where the employee has made a claim under the Workers' Compensation Act and the employer or carrier has had reasonable notice and opportunity to join in a third-party action, "the employer and its carrier must intervene in a third-party action to have a right to a credit, whether or not the liability of the employer or the carrier has been determined." 17 Ark. App. at 81, 703 S.W.2d at 471.