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FLANSBURG v. GIZA

No. 41222.

169 N.W.2d 744 (1969)

Lloyd E. FLANSBURG, Respondent, v. Harold M. GIZA, dba Giza Plumbing & Heating, et al., Relators, Sorenson Plumbing & Heating et al., Respondents, State Treasurer, Custodian of Minnesota Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

July 25, 1969.

Attorney(s) appearing for the Case

Kenneth B. Jones, Jr., Raymond W. Fitch, Minneapolis, for relators.

Jack DeVaughn, Minneapolis, for Flansburg.

William M. Robb, Minneapolis, for Sorenson Plumbing and Heating.

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., John Romine, St. Paul, for State Treasurer.

Heard before KNUTSON, C.J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.

OPINION

PETERSON, Justice.

A disputed construction of the so-called "second injury" provisions of the Workmen's Compensation Act is presented for resolution by certiorari to review an order of the Workmen's Compensation Commission. Minn.St. 176.131 provides:

"Subdivision 1. If an employee incurs personal injury and suffers disability that is substantially greater, because of a preexisting physical impairment, than what would have resulted from the...

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