Buck v. Freeman

I. Common Law Remedy As Affected By Statute

The majority has crafted a well-reasoned affirmance of the district court’s actions. I concur with much of its logic, but have reservations about not applying Minnesota’s own exclusive remedy statute, Minn.Stat. § 176.031 (1998), and Minnesota’s third-party liability statute, Minn.Stat. § 176.061 (1998), as written, but choosing instead to follow what it perceived to be a clear pattern in the statute granting immunity from suit to workers’ compensation insurance carriers. Legislative trends should have no bearing on interpretation of the existing…