MINOGUE v. CITY OF ST. PAUL

Nos. 81-934, 81-997.

320 N.W.2d 90 (1982)

Bernette MINOGUE, widow of Robert J. Minogue, Relator, v. CITY OF ST. PAUL (self-insured), and State Treasurer, Custodian of the Special Compensation Fund, Respondents.

Supreme Court of Minnesota.

June 4, 1982.


Attorney(s) appearing for the Case

Robins, Zelle, Larson & Kaplan, John G. Brian III, and Arnold M. Bellis, St. Paul, for relator.

Edward P. Starr, City Atty., and Beryl A. Nord and Thomas J. Weyandt, Asst. City Attys., St. Paul, for City of St. Paul.

Warren Spannaus, Atty. Gen., and Winston Ehlmann, Asst. Atty. Gen., St. Paul, for State Treasurer and Dept. of Labor and Industry.

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


SCOTT, Justice.

Relator Bernette Minogue, the widow of the employee, seeks review of the decision of the Workers' Compensation Court of Appeals which held that under the statute in effect at the date of the employee's death the heirs were not entitled to recover disability benefits that were not paid to the employee prior to his death. Relator also appeals from the award of attorneys' fees. We affirm the denial of benefits and remand for further consideration of the...

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