DOTOLO v. FMC CORP.

Nos. C2-85-892, C3-85-920.

375 N.W.2d 25 (1985)

John S. DOTOLO, Respondent (C2-85-892), Relator (C3-85-920), v. FMC CORPORATION and National Union Fire Insurance Company, Respondents (C3-85-920), Relators (C2-85-892), Blue Cross & Blue Shield Company of Minnesota, intervenor, Equitable Life Assurance Society of United States, intervenor, Respondents.

Supreme Court of Minnesota.

October 18, 1985.


Attorney(s) appearing for the Case

Roger H. Willhaus, John J. Horvei, Roseville, for John Dotolo.

Eugene J. Flick, St. Paul, for FMC Corp. and Nat. Union Fire.

Indru S. Advani, St. Paul, for Blue Cross/Blue Shield.

Michael H. Streater, St. Paul, for Equitable Life Assurance.

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


SIMONETT, Justice.

Is tinnitus (a ringing in the ears) a physical trauma? If so, did the employee's tinnitus cause or aggravate the employee's depression? Did the employee unnecessarily refuse medical treatment so that he was not entitled to compensation benefits? The Workers' Compensation Court of Appeals (WCCA) answered these questions yes. We agree and, with one modification, affirm.

Employee John S. Dotolo, now 64, began working for employer FMC Corporation...

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