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JOHNSON v. CITY OF PLAINVIEW

Nos. C5-88-643, C8-88-653 and C6-88-716.

431 N.W.2d 109 (1988)

Robert JOHNSON, Jr., Deceased, Employee/Respondent, v. CITY OF PLAINVIEW, Minnesota, League of Minnesota Cities Insurance Trust/Employee Benefit Administration, Employer/Appellants, and Commissioner of Labor and Industry, as Administrator of Peace Officers Benefit Fund, Relator. Ethel HARDEL, spouse of Carl Hardel, Deceased, Employee/Respondent, v. STATE of Minnesota, PEACE OFFICERS BENEFIT FUND, Relator.

Supreme Court of Minnesota.

November 4, 1988.

Attorney(s) appearing for the Case

Peter J. Pustorino, Minneapolis, for City of Plainview.

Jacob Forsman, Amy Borgeson, St. Paul, for Com'r of Labor & Industry and Peace Officers Benefit Fund.

M. John Steward, Boston, Mass., Donald DeVaughn, Plainview, for Robert Johnson, Jr.

Neil J. Jensen, Hutchinson, for Ethel Hardel.

Heard, considered and decided by the court en banc.

OPINION

POPOVICH, Justice.

This case arises out of three consolidated appeals relating to the deaths of Robert Johnson, Jr., and Carl Hardel, volunteer firefighters for the cities of Plainview and Brownton respectively.

In the Robert Johnson, Jr., matter, the Worker's Compensation Court of Appeals ("WCCA") affirmed the decision of the compensation judge because (1) the judge correctly applied Minn.Stat. § 176.011, subd. 3 (1984), requiring application...

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