Sayre v. McGOUGH CONST. CO., INC.

I respectfully dissent. Although I applaud the majority’s effort to construct a rule that will provide the injured employee with an opportunity to be made whole, that effort seems to contravene the holding in Tyroll v. Private Label Chemicals, Inc., 505 N.W.2d 54, 59 (Minn.1993), and to ignore the compromise nature of the workers’ compensation law.

Tyroll, a Naig-type settlement case, limited the employer’s subrogation recovery to past and future wage loss and loss of earning capacity because:

We conclude that common law tort damages for past and future wage loss and loss of earning capacity…