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SHIVELY v. MEL RAEKER CONST. CO.

No. C0-97-2386.

577 N.W.2d 727 (1998)

Eric T. SHIVELY, Employee, v. MEL RAEKER CONSTRUCTION CO., and MN W.C. Assigned Risk/Berkley Admin., Respondents, and Special Compensation Fund, Relator.

Supreme Court of Minnesota.

April 23, 1998.

Attorney(s) appearing for the Case

Sara J. Stoltman, St. Paul, for relator.

Douglas J. Brown, Minneapolis, for respondents.

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

OPINION

GARDEBRING, Justice.

Certiorari was granted to review a decision of the Workers' Compensation Court of Appeals reversing the denial of reimbursement to the employer/insurer from the special compensation fund and ordering reimbursement. Because we hold that the application for registration of physical impairment was ineffective to register the employee's preexisting physical impairment, we reverse and reinstate the denial of reimbursement.

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