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McBRIDE v. BLACKTOP

Nos. C9-86-2102, C5-86-2128.

422 N.W.2d 255 (1988)

Wesley McBRIDE, Respondent, v. Leon Joyce BLACKTOP and Lumbermens Mutual Casualty Company, Relators (C9-86-2102) Respondents (C5-86-2128), and State Treasurer, Custodian of the Special Compensation Fund, Respondent (C9-86-2102) Relator (C5-86-2128).

Supreme Court of Minnesota.

April 22, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Catherine M. Keane, Sp. Asst. Atty. Gen., St. Paul, for relator C5-86-2128, respondent C9-86-2102.

Michael D. Aafedt, Minneapolis, for relator C9-86-2102, respondent C5-86-2128.

Charles A. Bird, Rochester, for Wesley McBride.

Timothy J. McCoy, Minneapolis, Scott W. Stevenson, MN Self-insurers Ass'n, Robert D. Johnson, Ins. Federation of Minnesota, St. Paul, amicus curiae.

Heard, considered and decided by the court en banc.

OPINION

COYNE, Justice.

This appeal raises the question whether supplementary workers' compensation benefits pursuant to Minn.Stat. § 176.132, subd. 1(a) (1984) replace temporary total disability benefits when the employee has exhausted the statutory limit of 350 weeks of temporary total disability benefits but has not established a claim for permanent total disability benefits. We answer the question in the negative and reverse the decision of the...

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