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BREZINKA v. BYSTROM BROS., INC.

No. C9-86-1905.

403 N.W.2d 841 (1987)

Caroline BREZINKA, as surviving spouse of Richard Brezinka, deceased employee, Respondent, v. BYSTROM BROTHERS, INC., and U.S. Fidelity & Guaranty Company, Relators.

Supreme Court of Minnesota.

April 24, 1987.

Attorney(s) appearing for the Case

Michael Ferde, Steven Gilmore, Minneapolis, for relators.

Thomas D. Mottaz, Thomas A. Klint, Anoka, for respondent.

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

SIMONETT, Justice.

We hold the law of the case as determined by the Workers' Compensation Court of Appeals (WCCA) yields to the legal rule subsequently announced by this court. We reverse the WCCA and reinstate the compensation judge's decision.

The dependents of deceased employee Richard Brezinka brought this proceeding for benefits against the employer, Bystrom Brothers, Inc., and its insurer following Brezinka's death on May 29, 1980. The key issue was...

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