Conwed Corp. v. Union Carbide Chemicals & Plastics Co.

634 N.W.2d 401, 2001 Minn. LEXIS 698, 2001 WL 1168417
CourtSupreme Court of Minnesota
DecidedOctober 4, 2001
DocketCX-00-2200
StatusPublished
Cited by15 cases

This text of 634 N.W.2d 401 (Conwed Corp. v. Union Carbide Chemicals & Plastics Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conwed Corp. v. Union Carbide Chemicals & Plastics Co., 634 N.W.2d 401, 2001 Minn. LEXIS 698, 2001 WL 1168417 (Mich. 2001).

Opinions

OPINION

BLATZ, Chief Justice.

The issues before this court arise from five certified questions from the United States District Court for the District of Minnesota regarding plaintiff-employer Conwed Corporation’s right to bring claims against a former asbestos manufacturer under Minn.Stat. § 176.061 of the Minnesota Workers’ Compensation Act. Conwed seeks to recover from Union Carbide Chemicals and Plastics Company for workers’ compensation benefits paid to employees who were exposed to Union Carbide’s asbestos while working in Con-wed’s ceiling tile plant between 1965 and 1974. Additionally, Conwed seeks to recover amounts it may be liable to pay in the future for employees who have settled claims with Conwed but may seek additional benefits as their illnesses worsen, who are sick but have not sought workers’ compensation benefits, and who have no manifested symptoms but may become sick. The certified questions ask whether Conwed may recover these amounts, whether it may prove its claims on behalf of all employees as a single claim or several categories of claims, and whether Con-wed is entitled to prejudgment interest on any amounts it recovers.

We hold that Conwed may bring subro-gation claims only on behalf of identified employees who have a compensable injury and to whom Conwed has a present duty to pay workers’ compensation benefits. We also hold that Conwed is entitled to seek prejudgment interest and answer the five certified questions in accordance with these holdings.

From 1965 to July 1974, Conwed used Union Carbide’s Calidria, a chrysotile asbestos fiber, to make ceiling tiles in Con-wed’s Cloquet, Minnesota plant. Although Conwed also obtained asbestos fibers from other sources, an estimated 75% of the amount used during this period was Union Carbide’s Calidria. In or around 1986, Conwed, which is self-insured, began receiving asbestos-related workers’ compensation claims from former Cloquet-plant employees who were exposed to asbestos. By its estimate, Conwed has paid a total of about $4 million to date to approximately 278 former employees.

On June 12, 1992, Conwed filed an action in United States District Court for the District of Minnesota under Minn.Stat. § 176.061 to recover tort damages from Union Carbide. In February 1993, the case was transferred to the Eastern District of Pennsylvania for pretrial handling of nationwide asbestos litigation. The case was transferred back to Minnesota in June 2000. Discovery has been ongoing since 1992.

Conwed asserts in this action that its medical research and discovery indicate it will have to pay a great deal more in future workers’ compensation benefits to many of its former employees. To support its claims, Conwed retained Dr. Philip Harber, an occupational medicine and pulmonary epidemiologist from the UCLA School of Medicine. Dr. Harber reviewed Conwed’s employment records and looked at the medical records of 215 employees who had brought workers’ compensation claims. He then identified approximately [405]*4051,854 employees who were exposed to asbestos at Conwed’s plant for at least six months during the time Conwed used Union Carbide’s Calidria. Dr. Harber projected a high occurrence of compensable disease based on exposure to airborne asbestos at one of three rates he and Con-wed deemed conservative.1

To prove that Conwed would be financially liable for virtually all of these illnesses, Conwed retained retired Minnesota Assistant Chief Administrative Law Judge Jack Wallraff as an expert witness. Having reviewed Conwed’s prior workers’ compensation settlements and legal precedent stemming from unrelated asbestos litigation, Judge Wallraff is prepared to testify “concerning the possibility of future monetary exposure to Conwed,” and will render an opinion that Conwed will be liable for virtually all workers’ compensation claims resulting from the 1965-1974 use of Union Carbide’s Calidria.

In August 2000, Union Carbide made several dispositive motions, including a motion to dismiss for failure to state a claim upon which relief can be granted based on Conwed’s failure to list in its complaint each individual employee for whom it seeks payment. In two partial summary judgment motions, Union Carbide sought first to “preclud[e] Conwed from seeking to recover estimates of future payments to hypothetical claimants,” and second, to prevent Conwed from recovering prejudgment interest from Union Carbide. In a November 2000 hearing on the motions, Judge Donald D. Alsop of the United States District Court for the District of Minnesota orally declined to grant the motion to dismiss, but did not rule on the other motions. Instead, Judge Alsop proposed certifying questions to this court and, after obtaining the parties’ input, ultimately certified the following five questions as determinative of the issues in this case and without controlling authority in Minnesota law:2

1. Can an employer pursuing a claim under Minn.Stat. § 176.061, subd. 5 and subd. 7 against an alleged third party tortfeasor collect payments that the employer expects to pay in the future to employees who have filed workers’ compensation claims when the employer has settled with the employees and the settlement is subject to being reopened should the employees’ injuries progress beyond what was provided for in the settlement?
2. Can an employer pursuing a claim under MinnStat. § 176.061, subd. 5 and subd. 7 against an alleged third party tortfeasor collect payments that based on scientific projections the employer expects to pay in the future to known employees already exposed to a hazardous substance, when the disease resulting from such exposure is latent and the employees are not yet physically disabled making them currently eligible to file workers’ compensation claims?
[406]*4063. Can an employer pursuing a claim under Minn.Stat. § 176.061, subd. 5 and subd. 7 against an alleged third party tortfeasor collect payments that based on scientific projections the employer expects to pay in the future to known employees exposed to a hazardous substance when the employees are physically disabled from such exposure and currently eligible to file workers’ compensation claims, but have not yet filed workers’ compensation claims?
4. Does Minn.Stat. § 176.061 allow an employer to prove a claim for subro-gation against an alleged third party tortfeasor on behalf of a substantial number of employees as one claim or several categories of claims, rather than proving the claims of hundreds or thousands of employees individually, when the employees’ injuries and the harms to which they were exposed were similar?
5. Does Minn.Stat. § 549.09, subd. [l](b)(l) permit an employer to collect prejudgment interest when the employer is pursuing a third party claim under Minn.Stat. § 176.061 against an alleged third party tortfeasor?

Certified questions are matters of law that we review de novo. In re Butler, 552 N.W.2d 226, 229 (Minn.1996). We have recognized that provisions of Minnesota’s workers’ compensation statute should not be construed in isolation, but must be considered in light of related provisions of the statute. Allstate Ins. Co. v. Eagle-Picher Indus., 410 N.W.2d 324, 327 (Minn.1987).

I.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fish v. Ramler Trucking, Inc.
923 N.W.2d 337 (Court of Appeals of Minnesota, 2019)
Gilbertson v. Williams Dingmann, LLC
894 N.W.2d 148 (Supreme Court of Minnesota, 2017)
O'Brien v. Dombeck
823 N.W.2d 895 (Court of Appeals of Minnesota, 2012)
Larson v. Wasemiller
738 N.W.2d 300 (Supreme Court of Minnesota, 2007)
Zurich American Insurance Co. v. Bjelland
710 N.W.2d 64 (Supreme Court of Minnesota, 2006)
State Fund Mutual Insurance Co. v. Mead
691 N.W.2d 495 (Court of Appeals of Minnesota, 2005)
Ziegelmann v. National Farmers Union Property & Casualty Companies
686 N.W.2d 563 (Court of Appeals of Minnesota, 2004)
Schwickert, Inc. v. Winnebago Seniors, Ltd.
680 N.W.2d 79 (Supreme Court of Minnesota, 2004)
B.M.B. v. State Farm Fire & Casualty Co.
664 N.W.2d 817 (Supreme Court of Minnesota, 2003)
Illinois Farmers Insurance Co. v. Reed
662 N.W.2d 529 (Supreme Court of Minnesota, 2003)
Conwed Corp. v. Union Carbide Chemicals & Plastics Co.
634 N.W.2d 401 (Supreme Court of Minnesota, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
634 N.W.2d 401, 2001 Minn. LEXIS 698, 2001 WL 1168417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conwed-corp-v-union-carbide-chemicals-plastics-co-minn-2001.