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  5. 252 N.W.2d 248 (1977)
 

REPO v. CAPITOL ELEVATOR CO., DIV. OF I. M. C.

Nos. 46386, 46511.

252 N.W.2d 248 (1977)

Oscar REPO, Relator, v. CAPITOL ELEVATOR COMPANY, DIVISION OF INTERNATIONAL MULTIFOODS CORPORATION, et al., Employer and Insurer, The Prudential Insurance Company of America, intervenor, Respondent, Oscar REPO, Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court of Minnesota.

Rehearing Denied April 28, 1977.

Attorney(s) appearing for the Case

Paul J. Louisell, Duluth, for relator-appellant.

Van Evera, Mundt, Koskinen, Clure & Andrew and Thomas F. Andrew, Duluth, for intervenor-respondent.

Heard before ROGOSHESKE, PETERSON and MacLAUGHLIN, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Oscar Repo, plaintiff-employee, appeals from a district court judgment in favor of Prudential Insurance Company (Prudential) in an action to recover disability benefits allegedly due to Repo under a group sickness and accident policy. Repo also seeks review by certiorari of an order of the Workers' Compensation Board (now Worker's Compensation Court of Appeals) awarding Prudential, as intervenor, a portion of Repo's workers' compensation settlement...

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