ZURICH AMERICAN INS. CO. v. BJELLAND

No. A04-709.

710 N.W.2d 64 (2006)

ZURICH AMERICAN INSURANCE COMPANY, Respondent, v. Donald A. BJELLAND, Appellant.

Supreme Court of Minnesota.

Rehearing Denied March 6, 2006.


Attorney(s) appearing for the Case

Michael D. Barrett, Andrea E. Reisbord, Cousineau, McGuire & Anderson, Chartered, Minneapolis, MN, for Bjelland.

Scott P. Drawe, Drawe & Heisick, Minneapolis, MN, for Zurich American Ins. Co.

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


OPINION

MEYER, Justice.

In this appeal, we are called on to determine the meaning of Minn.Stat. § 176.061 (2004), the third-party liability section of the Workers' Compensation Act (the Act), as amended in 2000. The district court concluded that a workers' compensation insurer's recovery in a subrogation action against a third-party tortfeasor was measured by the employee's damages recoverable in the tort action. The court then adopted the parties'...

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