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Appellate Decision Affirms $4.7 Million Summary Judgment Award for Firm Client

In Lumbermens Mutual Casualty Company, et al., Respondents, v. Minnesota Special Compensation Fund, et al., Appellants, the Court of Appeals affirmed a $4.7 million award of summary judgment in favor of our clients, six workers' compensation insurers. At issue was the ability of the Minnesota Department of Labor and Industry's Special Compensation Fund (Fund) to assess insurers who no longer issue workers' compensation policies in the State of Minnesota. In 2002, the Legislature changed the way workers' compensation insurers were to be assessed and the mechanism by which they were to recover these assessment from their insured employers.  The Court of Appeals held that the District Court was well within its discretion to order a refund of the $4.7 million that these six insurers were assessed based upon the fact that they were not able to recover these same amounts from insured employers as contemplated by the statute. David Aafedt argued the Summary Judgment Motion in Ramsey District Court while Tom Boyd argued the case in the Court of Appeals. They were assisted by John Knapp, Vicki Handler and Colleen Harrigan.
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Deb Cochran
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