UNITED STEELWORKERS v. QUADNA MOUNTAIN

No. C6-87-1791.

418 N.W.2d 723 (1988)

UNITED STEELWORKERS OF AMERICA, LOCAL 6115, Respondent, Special Compensation Fund of the Department of Labor and Industry, Respondent, v. QUADNA MOUNTAIN CORPORATION, et al., Appellants.

Supreme Court of Minnesota.

February 5, 1988.


Attorney(s) appearing for the Case

Mark A. Kleinschmidt, Minneapolis, for appellants.

Thomas W. Wexler, Minneapolis, for United Steelworkers of America.

William R. Howard, St. Paul, for Special Compensation Fund.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

May an employer bring a subrogation action against a third-party tortfeasor where the employer, who is uninsured, has paid no workers' compensation benefits to the injured employee? May the Special Compensation Fund, which has paid the benefits the employer has failed to make, bring a subrogation action against the third party? These two questions come to us certified by the trial court. We answer the...

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