WEME v. LASTAVICA

No. C4-90-472.

458 N.W.2d 404 (1990)

Severt WEME, Respondent, v. Arlene LASTAVICA, Mike Lastavica, d/b/a L.A. Industries, Uninsured, Respondent-Below, Fuel Recovery Co., Inc., et al., City of St. Paul, Self Insured, Respondents, and Special Compensation Fund, Relator, and Second Injury Fund, Respondent.

Supreme Court of Minnesota.

July 20, 1990.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Rebecca H. Hamblin, Sp. Asst. Atty. Gen., St. Paul, for Special Compensation Fund.

Timothy W.J. Dunn, St. Paul, for Severt Weme.

Gerald M. Linnihan, St. Paul, for Fuel Recovery Co., Inc.

Frank E. Villaume, III, Asst. City Atty., St. Paul, for City of St. Paul.

Sara Stoltman, Minnesota Dept. of Labor and Industry, St. Paul, for Second Injury Fund.

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


POPOVICH, Chief Justice.

The Special Compensation Fund appeals from a decision of the Workers' Compensation Court of Appeals affirming, by majority decision, a compensation judge's determination that the City of St. Paul was not a general contractor for purposes of imposing liability on the City of St. Paul under Minn.Stat. § 176.215, subd. 1 (1988).1 We affirm.

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