Robert J. BERTRAND, employee, Respondent,
v.
API, INC. and Bituminous Insurance Company, API, Inc. and Insurance Company of North America, API, Inc. and Employers Insurance of Wausau, G.A. MacArthur Company and American Mutual Insurance Company, G.A. MacArthur Company and Hartford Insurance Company, Vono Pipe Covering and Iowa National Mutual Insurance Company, Hayes Insulation and Associated Indemnity Company, E.H. Anderson Company and AID Insurance Company, E.H. Anderson Company and Fireman's Fund Insurance Company, E.H. Anderson Company and CNA Insurance Company, E.H. Anderson Company and Connecticut Indemnity Company, Hickory Insulation and Argonaut Insurance Company, E & S Insulation Company and Aetna Life and Casualty, State Treasurer, Custodian of the Special Compensation Fund, General Pipe Covering and Great Central Insurance Company, Respondents, and
General Pipe Covering and Minnesota Mutual Insurance Company, Relators.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
March 22, 1985.
March 22, 1985.
Attorney(s) appearing for the Case
Richard Laverdiere, Hastings, for respondent-employee.
John R. Bridell, Minneapolis, for respondent API, Inc. and Bituminous Ins. Co.
Patrick E. Mahoney, Minneapolis, for API, Inc. and Ins. Co. of North America.
Robert J. Mabel, Minneapolis, for API, Inc. and Wausau Ins. Companies.
Gerald M. Linnihan, St. Paul, for G.A. MacArthur Co. and American Mut. Ins. Co.
Patrick D. Reilly, St. Paul, for G.A. MacArthur Co. and Hartford Ins. Co.
Robert McCollum, Minneapolis, for Hayes Insulation and Associated Indem.
Michael J. Koshmrl, Minneapolis, for E.H. Anderson and AID Ins. Co.
Bradley N. Beisel, Minneapolis, for E.H. Anderson and Fireman's Fund Ins. Co.
Louis R. Tilton, Minneapolis, for E.H. Anderson and Connecticut Indem. Co.
Gary M. Olson, St. Paul, for Hickory Insulation Co. and Argonaut Ins. Co.
Victor C. Johnson, Minneapolis, for General Pipe Covering and Great Central Ins. Co.
Janet A. Flom, Minneapolis, for Vono Pipe Covering and Nat. Ins. Co.
Thomas Lockhart, St. Paul, for Special Compensation Fund, Sp. Asst. Atty. Gen.
Robert G. Gubbe, Edina, for relator Gen. Pipe Covering and Minn. Mut. Fire and Cas. Co.
Considered and decided by the court en banc without oral consideration.
Supreme Court of Minnesota.
KELLEY, Justice.
The Workers' Compensation Court of Appeals reversed a determination by a compensation judge imposing liability for employee who contracted asbestosis upon the employer and insurer at the time when the disease resulted in disability in accordance with Flowers v. Consolidated Container Corp.,336 N.W.2d 255 (Minn.1983). Instead, the Workers' Compensation Court of Appeals imposed liability upon the employer...
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