WALLACE v. HANSON SILO COMPANY

No. 44924.

235 N.W.2d 363 (1975)

Gerald WALLACE, Respondent, v. HANSON SILO COMPANY, et al., Relators.

Supreme Court of Minnesota.

Rehearing Denied December 3, 1975.


Attorney(s) appearing for the Case

Laurence F. Koll, St. Paul, for relators.

Grose, Von Holtum, Von Holtum, Sieben & Schmidt and Timothy J. McCoy, Minneapolis, for respondent.

Heard before OTIS, MacLAUGHLIN, and KNUTSON, JJ., and considered and decided by the court en banc.


OTIS, Justice.

Relators, Hanson Silo Company and its insurer, seek review of a decision of the Workmen's Compensation Commission granting respondent, Gerald Wallace, benefits for permanent partial disability of the back. The only issue is whether the employer was liable for that part of the disability which was attributable to a preexisting back condition. The commission refused to apportion the disabilities and we affirm.

The facts are not in dispute. Respondent...

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