DURRANT, Justice:
¶ 1 This case arises from the death of an employee killed in the course and scope of his employment due to the conduct of a third person, not his employer. Under these circumstances, section 34A-2-106 of the Workers' Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers' compensation benefits paid, less the costs of the action...
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