Wilken v. International Harvester Co.

SIMONETT, Justice.

Under Lambertson v. Cincinnati Corp., 312 Minn. 114, 257 N.W.2d 679 (Minn.1977), a third-party tortfeasor is entitled to contribution from a negligent employer in an amount proportional to the employer’s fault “but not to exceed its total workers’ compensation liability to plaintiff.” Id. at 689. This case presents us with certified questions as to what compensation benefits are to be included in this “total workers’ compensation liability” and how they are to be calculated.

In August 1972 plaintiff-employee Charles Wilken, while working for Clark Transport Company, Inc., was…