Summary
In Womack, the WCCA decided that in cases in which the employee failed to give notice to his employer of the institution of a third-party suit and trial, as required by Minn.Stat. § 176.061, subd. 8a, forfeiture of the statutory one-third of the net verdict was an appropriate penalty.
Summary of this case from Adams v. DSR Sales, Inc.Opinion
No. C5-01-1644.
Filed: December 13, 2001
Appeal from the Workers' Compensation Court of Appeals, Steven Wheeler, J.
Janet Stellpflug, for relator.
Timothy P. Jung, for employee and intervenor-respondent.
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed September 12, 2001, be, and the same is, affirmed without opinion. See Minn.R.Civ.App.P. 136.01, subd. 1(b).
Employee is awarded $600 in attorney fees.
BY THE COURT:
/s/ Paul H. Anderson, Associate Justice