DAVID v. BARTEL ENTERPRISES (NITRO GREEN)

No. A13-2141.

856 N.W.2d 271 (2014)

Donald D. DAVID, Respondent, v. BARTEL ENTERPRISES (NITRO GREEN), Relator, and SFM Mutual Insurance Company, Relator.

Supreme Court of Minnesota.

November 26, 2014.


Attorney(s) appearing for the Case

Scott H. Soderberg , David R. Vail , Soderberg Law Firm LLC, Minneapolis, MN, for respondent.

Andrew W. Lynn , Lynn, Scharfenberg & Hollick, Minneapolis, MN, for relators.


OPINION

The issue presented by this case is whether Minn.Stat. § 176.081, subd. 1(a) (2012),1 violates the separation of powers by requiring employers and insurers to pay attorney fees calculated by a statutory formula not subject to judicial review. Although we held in Irwin v. Surdyk...

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