Choice of proceeding against third party or employer

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    When a person other than an employer is liable for the injury or death of a covered employee for which compensation is payable under this title, the covered employee or, in case of death, the personal representative or dependents of the covered employee may:

        (1)    file a claim for compensation against the employer under this title; or

        (2)    bring an action for damages against the person liable for the injury or death or, in case of joint tort feasors, against each joint tort feasor.


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