HEATH v. AIRTEX INDUSTRIES

No. 51121.

297 N.W.2d 269 (1980)

Delphine M. HEATH, Relator, v. AIRTEX INDUSTRIES et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied October 28, 1980.


Attorney(s) appearing for the Case

Meshbesher, Singer & Spence, Minneapolis, for relator.

Robert J. McGuire, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


SHERAN, Chief Justice.

Employee seeks review of an order of the Workers' Compensation Court of Appeals denying her petition to vacate an award on stipulation on the ground that the award and the underlying settlement had been based on a mutual mistake of fact with the respect to the date of her disablement. Having concluded that under the facts of this case it was an abuse of discretion not to grant her the relief sought, we reverse.

The record establishes...

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