WOLLSCHLAGER v. STANDARD CONSTRUCTION COMPANY

No. 44118.

220 N.W.2d 346 (1974)

Vernon WOLLSCHLAGER, Respondent, v. STANDARD CONSTRUCTION COMPANY, et al., Relators, McGough Brothers Construction Company, et al., Respondents.

Supreme Court of Minnesota.

July 12, 1974.


Attorney(s) appearing for the Case

Ronald O. W. Ylitalo, St. Paul, for relators.

Larry B. Leventhal, Minneapolis, for Wollschlager.

Gaughan & Reid, Minneapolis, for McGough Bros.

Considered and decided by the court without oral argument.


PER CURIAM.

Writ of certiorari to review an order of the Workmen's Compensation Commission vacating an earlier award based upon a settlement. The issue is whether the commission abused its discretion by so ordering. We hold that it did not.

The commission has authority to set aside an award based on a settlement even when, as here, the settlement contains a provision to the contrary, the test being the same as for deciding whether to set aside any award, that...

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