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STRANDE v. WOMAN'S CLUB OF MINNEAPOLIS

No. C2-94-558.

518 N.W.2d 555 (1994)

Deborah L. STRANDE, Relator, v. WOMAN'S CLUB OF MINNEAPOLIS and Employers of Wausau Insurance Co., Respondents, and Healthcare Recoveries for PHP, et al., Intervenors.

Supreme Court of Minnesota.

June 30, 1994.

Attorney(s) appearing for the Case

Mark L. Seeger, Charles A. Beckjord, Starr & Seeger, Minneapolis, for appellant.

Shannon Peterson, Larsen Heck, Klimek, and Powell, for respondent.

Kris A. Wittwer, Suite 200, Minneapolis, for Observer Abbott Northwestern Hosp.

Lyle Kaufman, St. Paul, for Blue Cross and Blue Shield of Minnesota.

Judy Poppenhagen, Louisville, KY, for Health Care Recoveries for PHP.

Cheryl Eliason, St. Paul, for MN Dept. of Labor & Industry/DVR.

Steve Buffington, St. Paul, and George M. Roehrdanz, Minneapolis, and Kathy Sorenson, Benefit Recovery Section, St. Paul, for MN Dept. of Human Services.

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

OPINION

PER CURIAM.

We review on certiorari an order of the Workers' Compensation Court of Appeals denying a petition to vacate a settlement-based award on grounds of fraud and newly discovered evidence: i.e., that employee's attorney collected fees in excess of the amount allowed by statute. In denying the petition, the WCCA concluded the collection of improper attorney fees alone did not come within the statutory grounds for setting aside an award...

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