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STONE v. LAKEHEAD CONSTRUCTORS

No. CX-94-2168.

533 N.W.2d 36 (1995)

Mark A. STONE, Respondent, v. LAKEHEAD CONSTRUCTORS, et al., Oxford Construction, et al., and Max Gray Construction, et al., Respondents, and Ray Riihiluoma, et al., Relators, and Mancuso Oil Company, et al., Respondents, and Minnesota Department of Labor & Industry, intervenor, Respondent.

Supreme Court of Minnesota.

June 16, 1995.

Attorney(s) appearing for the Case

James A. Wade, Greg King, Johnson, Killen, et al., Duluth, for appellant.

James Balmer, Sean Quinn, Falsani, Balmer, et al., Duluth, for Mark Stone.

Steven C. Gilmore, Gilmore, Aafedt, Forde, Anderson & Gray, P.A., Minneapolis, for Lakehead Constructors, et al.

Paul W. Godfrey, Brown & Holman, Minneapolis, for Oxford Const., et al.

Karen R. Swanton, Minneapolis, for Max Gray Constr., et al.

Mark J. Freeman, Fitch, Johnson, Larson, Walsh & Held, Minneapolis, for Mancuso Oil Co., et al.

Vic Schulz, MN Dept. of Labor & Industry, St. Cloud, for Dept. of Labor & Industry.

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

OPINION

COYNE, Justice.

During a period of about 19 months Mark A. Stone, a 34-year-old construction carpenter, sustained a series of low back injuries arising out of and in the course of his employment. Each injury occurred while Stone worked for a different employer. The compensation judge found that the employee had sustained permanent partial disability of 10.5 percent of the whole body as a result of the entire series of injuries, and he equitably apportioned...

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