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GACKSTETTER v. JOHNSON/MIDWEST BOTTLING

No. C9-93-1194.

511 N.W.2d 439 (1994)

Howard GACKSTETTER, Relator, v. JOHNSON/MIDWEST COCA COLA BOTTLING, Self-Insured, Respondent, and State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

January 14, 1994.

Attorney(s) appearing for the Case

Jane McMahon, Horvei, Gubbe & Krueger, P.A., Roseville, for relator.

John T. Thul, Cousineau, McGuire & Anderson, Minneapolis, for Johnson/Midwest Coca Cola Bottling.

Sara J. Stoltman, St. Paul, for State Treasurer, Custodian of the Special Compensation Fund.

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

COYNE, Justice.

The Workers' Compensation Court of Appeals reversed an award of economic recovery compensation, holding that if a post-injury job resulting from rehabilitation efforts is consistent with a rehabilitation plan, it meets the criteria of Minn.Stat. § 176.101, subd. 3e(b) (1992). We reverse and remand to the compensation judge for further proceedings.

Howard Gackstetter was a route delivery driver for Midwest Coca Cola when he sustained a...

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