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MINNESOTA EXP., INC. v. TRAVELERS INS. CO.

Nos. C1-82-1095, C6-82-1142 and C5-82-1200.

333 N.W.2d 871 (1983)

MINNESOTA EXPRESS, INC., et al., Respondent-Appellant (C6-82-1142), v. TRAVELERS INSURANCE CO., et al., Appellants (C1-82-1095)-Respondents, Great Central Insurance Co., Respondent-Appellant (C5-82-1200).

Supreme Court of Minnesota.

May 20, 1983.

Attorney(s) appearing for the Case

Wildfang, Rude, McIntosh & Murray, Bonner Law Offices, Opperman & Paquin, Minneapolis, for Minnesota Exp.

Hessian, McKasy & Soderberg, Thomas E. Harms and William J. Utermohlen, Minneapolis, for Travelers Ins. Co.

Rider, Bennett, Egan & Arundel, Timothy R. Thornton and Mary Mason, Minneapolis, for Great Central Ins. Co.

Hubert H. Humphrey, III, Atty. Gen., Richard G. Evans and Jolen C. Bjork, Sp. Asst. Attys. Gen., for Com'r of Ins., amicus curiae.

Broeker, Hartfeldt, Hedges & Grant, John M. Broeker, Bloomington, for Ass'n of Health Care Facilities, amicus curiae.

Heard, considered and decided by the court en banc.

TODD, Justice.

The plaintiff class seeks to recover damages for alleged overpayment of workers' compensation premiums. The claim arose when the legislature determined that wages paid for vacation, holiday, or sick leave should not be included in computing compensation premiums. The plaintiffs demand that the rate in existence at the time of the legislative enactment be applied to the new wage base. The trial court denied

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