Workmen’s Compensation
Workmen’s Compensation
The 2000 amendments to Minn. Stat. sec. 176.061 (2004) did not modify the right of an employer to make a claim for reimbursement of benefits from a third-party tortfeasor; an employer’s right of recovery remains a right of subrogation and the employer’s right of recovery is no greater than that of the employee. Where an employer has paid benefits to the spouse of a deceased employee, the employer’s recovery from a third-party tortfeasor is measured by the damages recoverable by the employee’s heirs and next of kin under the wrongful death statute. Zurich American Ins. Co. v. Bjelland (Court of Appeals). A04-709.
The 2000 amendments to Minn. Stat. sec. 176.061 (2004) did not modify the right of an employer to make a claim for reimbursement of benefits from a third-party tortfeasor; an employer’s right of recovery remains a right of subrogation and the employer’s right of recovery is no greater than that of the employee. Where an employer has paid benefits to the spouse of a deceased employee, the employer’s recovery from a third-party tortfeasor is measured by the damages recoverable by the employee’s heirs and next of kin under the wrongful death statute. Zurich American Ins. Co. v. Bjelland (Court of Appeals). A04-709.
Labels: workers compensation
posted by Meshbesher & Spence at 2:18 AM
<< Home