BEHRENS v. CITY OF FAIRMONT

Nos. C4-95-510, CX-95-530.

533 N.W.2d 854 (1995)

James BEHRENS, Relator (C4-95-510), Respondent (CX-95-530), v. CITY OF FAIRMONT and American States Insurance Co., f/k/a Western Insurance Co., Respondents (C4-95-510), Relators (CX-95-530), and City of Fairmont, Self-Insured/Berkley Administrator, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 27, 1995.


Attorney(s) appearing for the Case

David A. Stofferahn, Sieben, Gross, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for James Behrens, relator (C4-95-510), respondent (CX-95-530).

Christie Doll Ahern, Minneapolis, for American States Ins., respondent (C4-95-510), relator (CX-95-530).

Dianne E. Walsh, Fitch, Johnson, Larson, Walsh & Held, P.A., Minneapolis, for City of Fairmont, et al., respondents (C4-95-510), relators (CX-95-530).

Roderick C. Cosgriff, Sheryl A. Zaworski, Gilmore, Aafedt, et al., Minneapolis, for Berkley Adm'r, respondent.

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


OPINION

KEITH, Chief Justice.

The Workers' Compensation Court of Appeals, by majority decision, referred a petition to vacate an award of permanent total benefits for hearing on whether an adjudicated permanently totally disabled worker had subsequently retired from the labor market for purposes of discontinuing the payment of permanent total benefits. We reverse.

James H. Behrens sustained compensable low back injuries in 1973 and 1988 while employed...

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