RATH v. PERLMAN ROCQUE CO.

No. C2-85-1914.

384 N.W.2d 464 (1986)

John RATH, Respondent, v. PERLMAN ROCQUE COMPANY, self-insured, Relator, Aetna Life & Casualty Company, Intervenor, Respondent.

Supreme Court of Minnesota.

April 11, 1986.


Attorney(s) appearing for the Case

John R. Kenefick, Margaret Savage, St. Paul, for relator.

David P. Stewart, St. Paul, for John Rath.

Wayne J. Studer, Minneapolis, for Aetna Life & Cas. Co.

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


COYNE, Justice.

The Workers' Compensation Court of Appeals affirmed an award of compensation to employee based upon findings that he had sustained an employment-related injury to his low back, in the nature of a permanent aggravation of a prior injury, and that he was earning an average weekly wage of $356. It also affirmed the compensation judge's refusal to deduct $800 from the award as reimbursement to the insurer for its payment of charges made by an orthopedic...

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