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OLSEN v. KLING

Nos. C8-84-1163, C1-84-1165.

363 N.W.2d 310 (1985)

Kristoffer Edward OLSEN, Respondent (C8-84-1163), Relator (C1-84-1165), v. Joseph KLING d.b.a. K4M Company, Relator (C8-84-1163), Respondent (C1-84-1165), and Western National Mutual Insurance Company, Relator (C8-84-1163), Respondent (C1-84-1165), Minnesota Department of Public Welfare, intervenor, Respondent, State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

Rehearing Denied April 2, 1985.

Attorney(s) appearing for the Case

Donald G. Clapp, St. Paul, for Olsen.

Dianne E. Walsh, Kristin B. Maland, Minneapolis, for Western Nat. Mut. Ins. Co.

Gail Olson, Sp. Asst. Atty. Gen., St. Paul, for Dept. of Public Welfare.

Robert Gubbe, Minneapolis, for Kling.

Thomas Lockhart, Sp. Asst. Atty. Gen., St. Paul, for Custodian of the Special Compensation Fund.

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

OPINION

PETERSON, Justice.

Joseph Kling and Western Mutual National Insurance Company seek review of a decision of the Workers' Compensation Court of Appeals affirming an award of benefits to Kristoffer Olsen for permanent total and permanent partial disabilities. Kling and Western challenge findings that Olsen was Kling's employee, that Olsen was earning a weekly wage of $500 on the date of injury, and that he sustained an 80 percent permanent partial disability...

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