Illg v. Forum Insurance Co.

KELLEY, Justice.

In this declaratory judgment action, an employer’s workers compensation insurer claims a right to reimbursement for payment made by it to the Special Compensation Fund (Fund) from a wrongful death settlement offer made by a negligent third party to the trustee for the deceased employee’s heirs and next of kin. The trial court ruled the workers compensation carrier was not entitled to assert a subro-gation or indemnity claim against the wrongful death settlement offer made to the trustee. In reversing that decision, the court of appeals held that Minn.Stat. § 176.061, subd. 7…