LUBINSKI v. BROS., INC.

No. 48150.

270 N.W.2d 874 (1978)

Edward LUBINSKI, Respondent, v. BROS, INC., Employer, American Home Assurance, Respondent, Insurance Company of North America, Relator, State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

July 28, 1978.


Attorney(s) appearing for the Case

Mahoney, Dougherty & Mahoney and Gary C. Reiter, Minneapolis, for relator.

John Wallraff, Compensation Atty., Minneapolis, for respondent Lubinski.

Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for respondent American Home Assurance.

Warren Spannaus, Atty. Gen., St. Paul, for respondent State Treasurer.

Considered and decided by the court without oral argument.


PER CURIAM.

Writ of certiorari by the employer-insurer to review an order of the Workers Compensation Court of Appeals vacating a March, 1965, award to the employee based upon a stipulated settlement. Relator contends that the court of appeals abused its discretion in vacating the award. We reverse.

In 1961, Edward Lubinski fell 15 feet from a scaffold, suffering a fracture of his left heel and other injuries. In 1964, he filed a workers compensation claim...

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