With no explanation, chose the best option from "A", "B", "C" or "D". Question No. 2 in the negative. IV. Certified Question No. 8 asks whether Conwed’s suit against Union Carbide may predate the workers’ compensation claims of former employees who have developed asbestos-related illnesses but have not yet sought workers’ compensation benefits. Conwed argues that it has a presently actionable legal claim based on the language in section 176.061, subdivision 7 and this court’s precedent discussing “compensation payable” in the future. See Minn. Stat. § 176.061, subd. 7 (“[T]he employer * * * has a separate additional cause of action against the third party to recover any amounts paid for medical treatment or for other compensation payable under this section resulting from the negligence of the third party ⅜ * (Emphasis added)); Allstate, 410 N.W.2d at 327 (<HOLDING>). As the most direct support for its argument,

A: holding that section 319s mandate that the employer is subrogated  to the extent of compensation payable does not mean that the sole right to recover from the tortfeasor is in the employer rather the right of action against the tortfeasor remains in the injured employee and suit is to be commenced in his name
B: recognizing cause of action
C: recognizing that section 176061 subdivision 7 which accords the employer a separate cause of action also extends that action to compensation not yet payable
D: 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
C.