Albert v. Paper Calmenson & Co.
Also decided on this docket: Minn. Ct. App., April 12, 1994 515 N.W.2d 59
Cited by
- In Re Paternity of JMV 656 N.W.2d 558 Minn. Ct. App. 2003
- Valento v. Swenson 656 N.W.2d 558 Minn. Ct. App. 2003
- Blatz v. Allina Health System 622 N.W.2d 376 Minn. Ct. App. 2001
- Drake v. Reile's Transfer & Delivery, Inc. 613 N.W.2d 428 Minn. Ct. App. 2000
Authorities cited
Identified automatically; this list may not be exhaustive.
- Albert v. Paper Calmenson & Co. 515 N.W.2d 59
- Johnson v. Raske Building Systems, Inc. 276 N.W.2d 79
- Kempa v. E.W. Coons Co. 370 N.W.2d 414
Opinion text
ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petitions of Paper Calmenson & Company and MAK Oil Company for further review of a decision of the court of appeals, 515 N.W.2d 59 , be, and the same are, granted for the limited purpose of allocating the proceeds of the suit brought by the employee against the third party who was entitled to Lambert-son contribution from the employer. The mechanics of the allocation that includes a Lamberbson obligation are that the “third party tortfeasor * ⅜ * should pay the entire verdict * ⅜ * to the plaintiff. The employer should then contribute to the third party tortfeasor an amount proportionate to its percentage of negligence, but not to exceed the amount of workers’ compensation benefits payable to the employee [and] the employee * ⅜ * should then reimburse the employer pursuant to 176.061, subd. 6(c).” *461 Johnson v. Raske Building Systems, 276 N.W.2d 79, 81 (1979). The employer’s maximum contribution liability is determined by computing the subrogation interest which includes benefits paid and payable. See Kempa v. E.W. Coons Co., 370 N.W.2d 414 (Minn.1985). When allocated according to Johnson , PaCal should pay Albert the entire verdict ($1,962,108). The employer, MAK Oil, should then contribute to PaCal the amount proportionate to its percentage of negligence, but not to exceed the amount of workers’ compensation benefits payable to Albert ($654,036). Albert should then reimburse MAK Oil pursuant to Minn.Stat. § 176.061, subd. 6(c) ($362,121), leaving MAK Oil with the credit of $334,216 against future benefits. The petitions for further review are in all other respects denied. IT IS FURTHER ORDERED that the motion of the Workers’ Compensation Reinsurance Association for leave to participate as amicus curiae is denied. BY THE COURT: /s/ Alexander M. Keith Chief Justice SIMONETT, J., took no part.