POLASCHEK v. ASBESTOS PRODUCTS, INC.

No. C7-84-747.

361 N.W.2d 37 (1985)

Raymond POLASCHEK, Respondent, v. ASBESTOS PRODUCTS, INC. and Home Insurance Company, Respondent, E & S Insulation and North River Insurance Company, Respondent, E & S Insulation and Home Insurance Company, Respondent, E & S Insulation Company and Aetna Fire Underwriters Insurance Company, Respondent, Hickory Insulation Company and Maryland Insurance Company, Respondent, Ed H. Anderson Company and Fireman's Fund Insurance Company, Respondent, Asbestos Insulation & Supply and Bituminous Insurance Company, Respondent, Asbestos Insulation & Supply and Reliance Insurance Company, Respondent, Hippler Insulation Company and Western Fire Insurance Company, Relators.

Supreme Court of Minnesota.

January 25, 1985.


Attorney(s) appearing for the Case

George S. Roth, Scott B. Lundquist, Minneapolis, for relator.

Michael S. Polk, Hastings, for respondent Polaschek.

Debra A. Wilson, Minneapolis, for respondents Asbestos Products, Inc., and Home Ins. Co.

Gary A. Hagstrom, Minneapolis, for respondents E & S Insulation and North River Ins. Co.

Richard Reimer, Minneapolis, for E & S Insulation and Home Ins. Co.

Ellen L. Maas, Minneapolis, for respondents Hickory Insulation and Maryland Ins. Co.

Garland C. Brandt, Minneapolis, for E & S Insulation and Aetna Fire Underwriters Ins. Co.

Thomas L. Johnson, Minneapolis, for respondents Ed H. Anderson Co. and Fireman's Fund Ins. Co.

George R. Benton, Minneapolis, for respondents Asbestos Insulation & Supply and Bituminous Ins. Co.

Louis R. Tilton, Minneapolis, for Asbestos Insulation & Supply and Reliance Ins. Co.

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


KELLEY, Justice.

This case again requires that we review a decision of the Workers' Compensation Court of Appeals resolving which of several employers is required to pay compensation awarded to an insulation worker disabled by asbestosis. A further question is whether the amount of employee's benefits is to be determined by the law in effect at the time of his last substantial causative exposure to asbestos or by the law in effect on the date of his disablement. Having...

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