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URBANSKI v. INDEPENDENT SCHOOL DIST. 280

No. C5-89-1009.

446 N.W.2d 388 (1989)

William URBANSKI, Respondent, v. INDEPENDENT SCHOOL DISTRICT NO. 280, Self-Insured, Relator, and Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

October 13, 1989.

Attorney(s) appearing for the Case

Andrew J. Morrison, St. Paul, for relator.

Hubert H. Humphrey, III, Atty. Gen. and Rory H. Foley, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

KELLEY, Justice.

We review on certiorari a decision of the Workers' Compensation Court of Appeals affirming a penalty assessment made by the workers' compensation division of the Department of Labor and Industry under Minn.Stat. § 176.221, subd. 3 (1986) (later amendment not relevant to this appeal), for late payment of benefits. At issue is whether the penalty provision applies to an employer who fails to promptly report a work injury to the department but pays...

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