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WESTBERG v. JOHNSON BROS. H & H CONSTRUCTORS

No. 47903.

264 N.W.2d 407 (1978)

Frank WESTBERG, Respondent, v. JOHNSON BROS. H & H CONSTRUCTORS, et al., Relators, Dunbrik & Donstone Company, et al., Respondents, and State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

March 24, 1978.

Attorney(s) appearing for the Case

Halverson, Watters, Bye & Downs, and W. D. Watters, Duluth, for relators.

Martin A. Rieschl, Duluth, for Westberg.

Ochs, Larsen, Klimek & Olson and Candice E. Hektner, Minneapolis, for Dunbrik et al.

Warren Spannaus, Atty. Gen., Kenneth E. McCoy, Sp. Asst. Atty. Gen., St. Paul, for State Treasurer.

Considered and decided by the court without oral argument.

PER CURIAM.

This case brings into question the evidentiary support for a finding that relators, Johnson Bros. H & H Constructors (Johnson) and their compensation insurer, had failed to prove registration of employee as physically impaired prior to the time he sustained a second injury in the course of his employment with Johnson. Relators also contend that the Worker's Compensation Court of Appeals improperly imposed a penalty on them under Minn.St. 176.225, subd...

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