BERRY v. WALKER ROOFING CO.

No. C5-91-166.

473 N.W.2d 312 (1991)

Christopher BERRY, Relator, v. (1) WALKER ROOFING COMPANY, (1) Home Insurance Company, (2) Daak Construction Company, (2) Farm Bureau Mutual Insurance Company, and (3) Special Compensation Fund, Respondents.

Supreme Court of Minnesota.

August 9, 1991.


Attorney(s) appearing for the Case

James E. Hart, Harold Sadoff & Assoc., Minneapolis, for relator.

Elise M. Colosey, Peahl & Day, Minneapolis, for Walker Roofing Co. and Home Ins. Co.

Gerald Linnihan, Michael A. Rayes, Jardine, Logan & O'Brien, St. Paul, for Daak Const. Co. and Farm Bureau Mut. Ins.

Danny P. Kelly, St. Paul, for Special Compensation Fund.

Heard, considered and decided by the court en banc.


WAHL, Justice.

Employee Christopher Berry seeks review, by writ of certiorari, of the decision by the Worker's Compensation Court of Appeals affirming the compensation judge's calculation of his average weekly wage. Though we reverse in part the basis of decision, we find no miscalculation.

On April 25, 1988 Employee, 34, an experienced roofer, commenced employment as a roofer with Daak Construction. Only hours after beginning work, Berry fell from a roof...

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