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RUDELT v. SUPERIOR CONTRACTORS

No. C3-89-1039.

446 N.W.2d 386 (1989)

Harry RUDELT, Relator, v. SUPERIOR CONTRACTORS and Allied Mutual Insurance Company, Respondents, and Employee Benefit Plans, Inc., Intervenor.

Supreme Court of Minnesota.

October 13, 1989.

Attorney(s) appearing for the Case

David R. Vail, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for relator.

Stanford Hill, Sahr, Kunert & Tamborino, Minneapolis, for respondents.

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

WAHL, Justice.

This is an appeal from a decision of the Workers' Compensation Court of Appeals affirming a compensation judge's denial of a claim for surgical expenses. We reverse.

Harry Rudelt sustained a work-related low back injury on January 1, 1980. In November 1986, he experienced increased low back problems and consulted his treating orthopedic surgeon. In December, the employee underwent diagnostic testing. Prior to these tests, the employee informed...

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