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OPINIONS OF THE SUPREME COURT

FILED WEDNESDAY, JULY 30, 2014

NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.

 

A13-1868       James W. Stevens, Relator, vs. S.T. Services and CNA Insurance Companies, 
                     Respondents.
                     Workers’ Compensation Court of Appeals.
           1.   Under Minn. Stat. § 176.238, subd. 11 (2012), an employer may not petition to discontinue an employee’s workers’ compensation benefits if the employee has been adjudicated permanently totally disabled.
           2.   Because the relator was adjudicated permanently totally disabled, respondents were not allowed to petition under Minn. Stat. § 176.238, subd. 11, to discontinue the relator’s workers’ compensation benefits.
           Reversed and remanded.  Justice David L. Lillehaug.


A13-2353       State of Minnesota, Respondent, vs. Toby Earl Johnson, Appellant.
                      McLeod County.
           1.   This court will not consider appellant’s argument that the district court improperly ordered restitution for a loss already reimbursed by an insurance company because the argument was made first on appeal.
           2.   Because Minn. Stat. § 611A.04 (2012) provides that victims can be reimbursed for “losses resulting from the crime,” the district court erred in using the outstanding value of a promissory note secured by the victim’s car as the measure of loss rather than the actual diminution in value caused to the car from the crime.
           3.   When a victim sustains indivisible loss from multiple defendants’ actions, the sentencing court has the authority to order restitution based on joint and several liability.
           Affirmed in part, vacated in part, and remanded.  Justice David L. Lillehaug.
           Took no part, Justice G. Barry Anderson.

 


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