FRANDSEN v. FORD MOTOR CO.

No. A11-0126.

801 N.W.2d 177 (2011)

George E. FRANDSEN, Respondent, v. FORD MOTOR COMPANY, Self-Insured, Relator.

Supreme Court of Minnesota.

August 10, 2011.


Attorney(s) appearing for the Case

James F. Schneider , Butts, Sandberg & Schneider, LLP, Forest Lake, MN, for respondent.

Kathryn Hipp Carlson , Hipp Carlson, PLLC, Minneapolis, MN, for relator.

Raymond R. Peterson , McCoy, Peterson & Jorstad, Ltd., Minneapolis, MN, for amicus curiae Minnesota Association for Justice.

James S. Pikala , Christine L. Tuft , Noelle L. Schubert , Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN, for amicus curiae Minnesota Self-Insurers' Association.

Douglas J. Brown , Elizabeth Chambers-Brown , Brown & Carlson, PA, Minneapolis, MN, for amicus curiae Minnesota Defense Lawyers Association.


OPINION

ANDERSON, G. BARRY, Justice.

In this workers' compensation case, we review on certiorari whether an employer waived a retirement presumption in the Workers' Compensation Act by failing to expressly reserve the presumption in a stipulation for settlement. Relator Ford Motor Company asserts that it was entitled to cease payment of permanent total disability benefits when respondent George Frandsen turned 67 years old pursuant to a provision in Minn...

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