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OPINIONS OF THE SUPREME COURT
FILED WEDNESDAY, JULY 23, 2014
NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.
A13-2320 Curtis B. Braatz, Respondent, vs. Parsons Electric Company and Zurich North
America/GAB Robins, Inc., Relators.
Workers’ Compensation Court of Appeals.
1. Under the plain language of Minn. Stat. § 176.081, subd. 1(a)(3) (2012), an employee who fails to file and address all reasonably related claims at the same time forfeits attorney fees for claims that could have been, but were not, addressed in an earlier proceeding, but the employee does not forfeit the right to seek attorney fees for claims that were addressed.
2. The compensation judge did not abuse his discretion in awarding attorney fees pursuant to Minn. Stat. § 176.081, subd. (1)(a)(1) (2012), that exceeded the amount of the benefits awarded to the employee when the compensation judge considered the factors in Irwin v. Surdyk’s Liquor, 599 N.W.2d 132 (Minn. 1999), to ensure that the attorney recovered a reasonable amount of fees for representing the employee.
Affirmed. Chief Justice Lorie S. Gildea.
A13-2307 In re Petition for Disciplinary Action against Linda A. Brost, a Minnesota Attorney,
Registration No. 182692.
Where respondent stole $43,000 from client, stole the same client’s identity, and failed to cooperate with a disciplinary investigation, the appropriate discipline is disbarment.
Disbarred. Per Curiam.
(Added to website on July 18, 2014)
ORDERS ON PETITIONS FOR FURTHER REVIEW
Filed - July 15, 2014
(Petitioner indicated in Italic Type)
1. Lowell D. Berg, et al. vs. Motokazie, Inc., Rice County Board of Commissioners
A13-0776 – Denied
2. Yvette Ford vs. Minneapolis Public Schools – A13-1072 – Granted/Vacated/Remanded
3. Abshir Abtidon Barrow vs. State of Minnesota – A13-1520 – Granted
4. State of Minnesota vs. Jacquet Deon Munn – A13-1067 – Denied
5. Douglas W. Butler, et al. vs. JLA Industrial Equipment, Inc. d/b/a Hotsy Equipment of
Minnesota, Schieffer Co. International, LC, Alfred Karcher, Inc. d/b/a Karcher North America,
et al., Defendants, Magam Enterprises Group – A13-1448 – Denied
6. Cicero Deshawn Taylor vs. State of Minnesota – A13-1428 – Denied
7. In re the Matter of: Maria Junette Johnson vs. Michael Peter Henderson –
A14-0732 – Petition for Accelerated Review – Denied
8. State of Minnesota vs. Alfredo Jesse Rosillo – A13-0502 – Denied
9. State of Minnesota vs. Alfredo Jesse Rosillo – A13-0504 – Denied
10. State of Minnesota vs. Anthony Mitchell Spry – A13-1619 – Denied
11. State of Minnesota vs. Ismael Hernandez – A13-1181 – Denied
12. State of Minnesota vs. Decarieon Dupra Scurlock – A13-0999 – Denied
13. State of Minnesota vs. Gabriel Robert Kimbrough – A13-0791 – Denied
14. Thomas Rosen, Susan Weir, Plaintiff vs. Edina Public Schools - Independent School
District #273 – A13-1704 – Denied
15. Alex Jerome, et al. vs. City of St. Paul – A13-0313 – Denied
16. Aireal Icenhower vs. Total Automotive, Inc., Department of Employment and
Economic Development – A13-1287 – Denied
17. OSEMI, Inc. vs. Red Wing Port Authority – A13-1413 – Denied
18. State of Minnesota vs. Ronald William Beattie, Jr. – A13-1099 – Denied
19. State of Minnesota vs. Anthony David Gurneau – A13-0912 – Denied
20. State of Minnesota vs. Erik Dupree Solorio – A13-1714 – Denied
21. State of Minnesota vs. Douglas Carl Manney – A13-0418 – Denied
22. State of Minnesota vs. Lancintino Antwon Flemino – A13-0987 – Denied
23. State of Minnesota vs. Joseph Gassoway – A13-0608 – Denied
24. State of Minnesota vs. James Howard Klein – A13-0881 – Denied
25. State of Minnesota vs. Kiunte Jaishun McCoy – A13-2260 – Granted/Stayed
26. State of Minnesota vs. Misty Marie Littlewolf – A13-0750 – Denied
27. ABP, LLC, et al. vs. Crayon Box Childcare Academy, Inc., et al. – A14-0588 -
28. Robert W. Garves vs. VFW - Coon Rapids - Post 9625 of U.S., Department of
Employment and Economic Development – A13-1575 – Denied
29. In re the Custody of I.J.H. and M.J.S-H. Kidane Sante Shulbe vs. Ashley Rose Henke –
A13-0908 – Dismissed
30. State of Minnesota vs. Bernard Neal – A13-0990 – Denied
31. State of Minnesota vs. Jamarr Marcelles Elliott – A13-0466 – Granted/Stayed
32. State of Minnesota vs. Troy Edward Porter – A13-1547 – Dismissed/Withdrawn (7-2-14)
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