BENDER v. DONGO TOOL CO.

No. CX-93-1589.

509 N.W.2d 366 (1993)

Pete BENDER, Relator, v. DONGO TOOL COMPANY, and Federated Mutual Insurance Co., Respondents, and MN Dept. of Human Services, Intervenor, Respondent.

Supreme Court of Minnesota.

Rehearing Denied January 13, 1994.


Attorney(s) appearing for the Case

Howard S. Carp, Minneapolis, for relator.

Terry J. Battaglia, Minneapolis, for Dongo Tool Co., and Federated Mutual Ins. Co.

William H. Mondale, Atty. Gen., St. Paul, for MN Dept. of Human Services.

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


KEITH, Chief Justice.

The Workers' Compensation Court of Appeals reversed the compensation judge's determination of primary liability. We reverse and reinstate the compensation judge's finding and award based thereon.

Pete Bender worked as an iron worker. In September 1991, while undergoing chemical dependency treatment at the Veteran's Administration Medical Center in St. Cloud, he had a lumbar spine examination...

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