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JOHNSON v. ANGELUS CONVALESCENT HOME

No. C0-83-1728.

354 N.W.2d 440 (1984)

Essie B. JOHNSON, Relator, v. ANGELUS CONVALESCENT HOME, et al., Respondents, Minnesota Department of Public Welfare, Respondents.

Supreme Court of Minnesota.

September 21, 1984.

Attorney(s) appearing for the Case

Edward F. Rooney, Minneapolis, for relator.

Andrew J. Morrison, St. Paul, for Angelus Convalescent Home, and Employers Ins. of Wausau.

Hubert H. Humphrey III, Atty. Gen., Dept. of Public Welfare Benefit Recovery Section, St. Paul, for respondents.

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

PETERSON, Justice.

In a two to one decision the Workers' Compensation Court of Appeals denied employee's petition to vacate the medical expense provision in an award on stipulation filed on December 4, 1981, on the ground she had not made a sufficient showing of mistake. Our review of the record persuades us that a hearing should be scheduled at which the parties may present any further pertinent evidence on the issue....

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