Zurich American Insurance Co. v. Bjelland

OPINION

MEYER, Justice.

In this appeal, we are called on to determine the meaning of Minn.Stat. § 176.061 (2004), the third-party liability section of the Workers’ Compensation Act (the Act), as amended in 2000. The district court concluded that a workers’ compensation insurer’s recovery in a subrogation action against a third-party tortfeasor was measured by the employee’s damages recoverable in the tort action. The court then adopted the parties’ stipulation, agreed upon to facilitate appeal, that the reasonable value of the wrongful death damages was less than the reasonable value of the…