Cronen v. Wegdahl Cooperative Elevator Ass'n

YETKA, Justice.

This appeal is by writ of certiorari to the Workers’ Compensation Division for review of a decision of the Workers’ Compensation Court of Appeals. We affirm.

Relators challenge the commission’s application of Minn.St. 176.061 in calculating relators’ share of a recovery on behalf of employee from a third party. The parties raise the following issues:

1. Should relators’ attorneys fees be included as part of costs of collection under Minn.St. 176.061, subd. 6(a), where relators’ attorney was not actively involved in obtaining recovery from the third party?

2. Should the amount of…