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Kerperien v. Lumberman's Mutual Casualty Insurance6/18/2002
ect the realities of litigation and the limited nature of the workers' compensation award. In Washington the employee receives a minimum of 25% of any third party recovery after deducting costs. RCW 51.24.060 (2001). In Arkansas, Minnesota, Montana, Oregon and Wisconsin the employee receives at least one-third of the recovery after deducting costs. A.C.A. section 11-9-410 (2001); Minn. Stat. 176.061(6) (2000); Mont. Code Anno. 39-71-414 (2001); ORS section 656.593.1(b) (1999); Wis. Stat. section 102.29(1) (2000). And in North Dakota the employee receives at least one-half. N.D. Cent. Code section 65-01-09 (2001). Any one of these would be a dramatic improvement over the rule we presently apply.
I urge the General Assembly to re-examine section 287.150 and in so doing eliminate the internal inconsistency and unintended results generated by the statute as presently interpreted.
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