Folstad v. Eder’s Empirical Analysis

Citation profile

1 district · 15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[In this situation] the employee waives her right to the “one-third” outright share she would otherwise receive under the [statutory] formula. Likewise, when the compensation carrier independently settles its subrogation claim, it waives any rights it might have to the employee’s subsequent recovery, specifically, the right to claim a portion of the employee’s recovery as a credit against future compensation payable.”

   2 later decisions quote this exact passage
   e.g. Conwed Corp. v. Union Carbide Chemicals & Plastics Co. · Principal Financial Group v. Allstate Insurance Co.

2. “Under subdivision 6, the employee’s tort recovery is divided as follows: first, collection expenses and attorney fees (about of the recovery); then 'h outright to the employee; next the employer's subrogation claim less a pro rata share for attorney fees; and finally, any balance remaining to the employee subject to a credit to the employer for any future benefits payable.”

   1 later decision quote this exact passage
   e.g. Van Gordon v. Beaver

3. “In other words, when either the employee or the compensation carrier settles their own claim, the employee’s third party tort action has been effectively separated into one claim for damages recoverable under workers’ compensation and another claim for those damages not recoverable under workers’ compensation.”

   1 later decision quote this exact passage
   e.g. Principal Financial Group v. Allstate Insurance Co.