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NAIG v. BLOOMINGTON SANITATION

No. 46983.

258 N.W.2d 891 (1977)

Melvin W. NAIG, Relator, v. BLOOMINGTON SANITATION, et al., Respondents, State Treasurer, Custodian of the Special Fund.

Supreme Court of Minnesota.

October 7, 1977.

Attorney(s) appearing for the Case

Richard C. Smith and Larry Meuwissen, Minneapolis, for relator.

Van Eps & Gilmore and George R. Benton, Minneapolis, for Bloomington Sanitation et al.

Warren Spannaus, Atty. Gen. and Winston Ehlmann, Sp. Asst. Atty. Gen., St. Paul, for State Treasurer.

Heard before KELLY, TODD, and YETKA, JJ., and considered and decided by the court en banc.

KELLY, Justice.

Relator seeks review by writ of certiorari of a decision of the Worker's Compensation Court of Appeals crediting part of a third-party tort settlement against claims by relator for compensation benefits exclusive of medical expenses. We affirm in part and reverse in part.

On January 8, 1970, relator suffered an injury arising from and in the course of his employment with Bloomington Sanitation. Bituminous Casualty Corporation provided worker...

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