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COURTNEY BY HIGDEM v. CITY OF ORONO

No. C6-88-148.

424 N.W.2d 295 (1988)

Charles D. COURTNEY, deceased Employee, by Ellen Courtney HIGDEM, Petitioner, Respondent, v. CITY OF ORONO, Self-Insured, and City of Orono, Employee Benefit Administration, Relators.

Supreme Court of Minnesota.

Rehearing Denied July 5, 1988.

Attorney(s) appearing for the Case

Peter J. Pusterino, Minneapolis, for appellant.

Curtis Foster, Minneapolis, for dependent children.

Stewart R. Perry, Wayzata, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal from a decision of the Workers' Compensation Court of Appeals affirming a compensation judge's finding that the statutory presumption of causation set forth in Minn.Stat. § 176.011, subd. 15 (1982) was not applicable and reversing a finding that the employee's fatal heart attack did not arise out of and in the course of his employment as a police officer with the City of Orono. We affirm in part, reverse in part, and remand...

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