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STILLSON v. PETERSON & HEDE CO.

No. C3-89-1784.

454 N.W.2d 430 (1990)

Dean W. STILLSON, deceased, by Mary STILLSON, Respondent, v. PETERSON & HEDE COMPANY and Employers Insurance of Wausau, Relators, and Asbestos Products, Inc. and General Insurance Company of America, William Poppenberger & Son, Inc. and Employers Insurance of Wausau, Conroy Brothers and Bituminous Insurance Company, Sander & Company, Inc. and Agricultural Insurance Company, Artcraft Company and Federated Mutual Insurance Company, Respondents, Johnson Brothers, Compensation Insurer Unknown, Lower Court Respondent, FMC Corporation and Liberty Mutual Insurance Company, Respondents, and St. Paul Life Insurance Company and Group Health Plan, Inc., intervenors, Respondents, and Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

April 27, 1990.

Attorney(s) appearing for the Case

Candice E. Hektner, Chadwick, Johnson & Condon, P.A., Minneapolis, for relator.

William R. Howard, Asst. Atty. Gen., St. Paul, for Special Comp. Fund.

Steven D. Hawn, St. Paul, for Dean Stillson, et al.

Patrick E. Mahoney, Minneapolis, for Asbestos Products, Inc., et al.

Joseph A. Klimek, Minneapolis, for William Poppenberger & Son, et al.

John R. Bridell, Minneapolis, for Conroy Brothers, et al.

Larry J. Peterson, St. Paul, for Sander & Co., et al.

Mark A. Fonken, St. Paul, for Artcraft Co., et al.

Bruce B. Bundgaard, Minneapolis, for FMC Corp., et al.

Marjorie M. Kress-Joanis, St. Paul, for St. Paul Life Ins. Co.

Randall W. Sayers, St. Paul, for Group Health.

Heard, considered, and decided by the court en banc.

COYNE, Justice.

Concluding that an asbestos worker's claim for workers' compensation benefits for disability resulting from lung cancer was not barred by the statute of repose in effect in 1967 when the employee was last exposed to asbestos,1 the Workers' Compensation Court of Appeals reversed the denial of the claim and remanded to the office of administrative hearings for determination of the appropriate amount of temporary total disability...

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