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EASTERLIN v. STATE

No. CX-82-897.

330 N.W.2d 704 (1983)

Charles EASTERLIN, Relator, v. STATE of Minnesota, University of Minnesota, self-insured, Respondent.

Supreme Court of Minnesota.

March 4, 1983.

Attorney(s) appearing for the Case

Friedman, Nord & Paulson, Duluth, for relator.

Hubert H. Humphrey, III, Atty. Gen., Jennifer Patterson, St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

This appeal raises the question of what are the consequences of the failure of an employee to give notice to his employer that the employee's tort claim against a third-party tortfeasor is being settled under a Naig release. A divided Workers' Compensation Court of Appeals held that no proper notice of the pending settlement negotiations was given to the employer and that failure to give notice subjected the employee's settlement recovery...

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