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DAHLBECK v. NEW LONDON CONCRETE

No. C9-86-835.

400 N.W.2d 736 (1987)

Glen DAHLBECK, Relator, v. NEW LONDON CONCRETE and Iowa National Mutual Insurance Company, Employer and Insurer, State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

February 20, 1987.

Attorney(s) appearing for the Case

Mark N. Stageberg, Caryn F. Brenner, Minneapolis, for relator.

Patrick W. Sauter, Minneapolis, for New London Concrete and Iowa Nat. Mut. Ins. Co.

Catherine M. Keane, St. Paul, for State Treasurer.

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

YETKA, Justice.

This is an appeal from the decision of the WCCA directing that the distribution of proceeds awarded in a third-party personal injury action for injuries sustained in 1974 include payment to the Special Compensation Fund of an amount equal to the supplementary benefits paid by the employer to the employee and reimbursed by the Special Compensation Fund to the employer. We reverse.

Relator, Glen Dahlbeck, was employed as a truckdriver by New...

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